Order Michigan Supreme Court Lansing, Michigan June 23, 2009 Marilyn Kelly, Chief Justice 138561 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway, Plaintiff-Appellee, Justices v SC: 138561 COA: 280884 Berrien CC: 07-400361-FC JONATHON DUANE ROSEBERRY, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the February 12, 2009 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.

June 23, 2009 _________________________________________ 0615 Clerk