Opinion
Docket No. 150443. COA No. 316044.
10-28-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ryan Victor KUPRES, Defendant–Appellant.
Order
By order of April 28, 2015, the application for leave to appeal the September 25, 2014 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Lockridge (Docket No. 149073). On order of the Court, the case having been decided on July 29, 2015, 498 Mich. 358, 870 N.W.2d 502 (2015), the application is again considered. Although the Court of Appeals in this case relied on People v. Herron, 303 Mich.App. 392, 845 N.W.2d 533 (2013), which this Court overruled in Lockridge, we are not persuaded that the defendant has established a threshold showing of plain error under Lockridge or that the questions presented should otherwise be reviewed by this Court. The application for leave to appeal is therefore DENIED.