Order Michigan Supreme Court Lansing, Michigan October 31, 2005 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 128831 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 128831 COA: 249831 Wayne CC: 02-012639-01 DAVID TYREE LOCKETT, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the April 19, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

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.

October 31, 2005 _________________________________________ l1024 Clerk