Opinion
No. 139488.
December 9, 2009.
Appeal from the Court of Appeals No. 284249.
Leave to Appeal Denied.
KELLY, C.J., and HATHAWAY, J., would hold this case in abeyance for Berghuis v Smith, cert gtd ___ US ___; ___ S Ct ___; 174 L Ed 2d 631 (September 30, 2009).