Order Michigan Supreme Court Lansing, Michigan October 5, 2018 Stephen J. Markman, Chief Justice 157366 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement, Plaintiff-Appellee, Justices v SC: 157366 COA: 341825 Jackson CC: 15-005438-FH KEITH LAVONNE McLEAIN, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the February 8, 2018 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the trial court properly applied MCL 333.7413(1). See People v Lowe, 484 Mich 718 (2009). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 5, 2018 t1002 Clerk