Order Michigan Supreme Court Lansing, Michigan October 4, 2012 Robert P. Young, Jr., Chief Justice 142862 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 142862 COA: 293732 Lenawee CC: 08-013983-FC RICHARD EUGENE WHATMAN, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the February 24, 2011 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.

October 4, 2012 _________________________________________ p0927 Clerk