Order Michigan Supreme Court Lansing, Michigan September 29, 2006 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 130817 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: 130817 COA: 267777 St. Clair CC: 04-002276-FH MICHAEL JOSEPH KING, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the February 28, 2006 order 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.

MARKMAN, J., would direct the Clerk to schedule oral argument on the application for leave to appeal to consider the circumstances in which OV-10 is properly scored.

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 29, 2006 _________________________________________ d0926 Clerk