Order Michigan Supreme Court Lansing, Michigan

December 27, 2005 Clifford W. Taylor, Chief Justice

129342 & (14)(15) Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 129342 COA: 260448 Saginaw CC: 02-021721-FH FERNANDO ANTHONY MARRERO,

Defendant-Appellant.

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On order of the Court, the application for leave to appeal the July 22, 2005 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The motion to add issue is GRANTED. The motion to remand is DENIED.

CAVANAGH, J., would grant leave to appeal.

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. December 27, 2005 _________________________________________ s1219 Clerk