Order Supreme Court Lansing, Michigan September 21, 2005 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 127156 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellant, Justices

v SC: 127156 COA: 251135 Muskegon CC: 01-046025-FH; DARRYL LEE BLAND, Defendant-Appellee.

_________________________________________/ By order of December 29, 2004, the application for leave to appeal was held in abeyance pending the decision in People v Hendrick (Docket No. 126371). On order of the Court, the opinion having been issued on June 14, 2005, 472 Mich 555 (2005), the application is again considered. The Court finds that the issue raised is now moot.

Hence, the application is DENIED.

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 21, 2005 _________________________________________ p0914 Clerk