Order Supreme Court Lansing, Michigan September 28, 2005 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 127576 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 127576 COA: 249237 Newaygo CC: 02-007676-FC DAVID ANTHONY WHEETLEY, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the October 28, 2004 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions 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.

September 28, 2005 _________________________________________ s0919 Clerk