Order Michigan Supreme Court Lansing, Michigan

March 5, 2012 Robert P. Young, Jr., Chief Justice

143805 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly Plaintiff-Appellee, Brian K. Zahra, Justices v SC: 143805 COA: 297809 Macomb CC: 2009-004557-FC ANTONIO JAVON CUMMINGS, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the August 23, 2011 judgment of the Court of Appeals is considered and, it appearing to this Court that the case of People v Vaughn (Docket No. 142627) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application by held in ABEYANCE pending the decision in that case.

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. March 5, 2012 _________________________________________ t0227 Clerk