Opinion
No. 143117.
November 2, 2011.
Order
SC: 14 3117, COA: 302633, Saginaw CC: 08-030880-FC
On order of the Court, the application for leave to appeal the March 30, 2011 order of the Court of Appeals is considered. We DIRECT the Saginaw County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor is invited to address whether the Court of Appeals correctly decided People v Fonville, ___ Mich App ___ (Docket No. 294554, decided January 25, 2011).
The application for leave to appeal remains pending.
MARILYN KELLY, J., would remand this case for a hearing pursuant to People v Ginther, 390 Mich 436 (1973).