Order Michigan Supreme Court Lansing, Michigan September 26, 2011 Robert P. Young, Jr., Chief Justice 141062 & (15) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 141062 COA: 296591 Saginaw CC: 08-031656-FH JOHN SATTERWHITE FRANKLIN, Defendant-Appellant. _________________________________________/ By order of July 20, 2011, the prosecuting attorney was directed to answer the application for leave to appeal the March 24, 2010 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. I, Corbin R. Davis, 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. September 26, 2011 _________________________________________ p0919 Clerk