
771 N.W.2d 727 (2009)
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Matthew Ariel RUBAN, Defendant-Appellant.
Docket No. 138937. COA No. 290839.
Supreme Court of Michigan.
September 11, 2009.

Order
On order of the Court, the application for leave to appeal the April 8, 2009 order *728 of the Court of Appeals is 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.
