Order Michigan Supreme Court Lansing, Michigan

December 30, 2014 Robert P. Young, Jr., Chief Justice

147679 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 147679 COA: 306951 Wayne CC: 11-004605-FC ELIJAH DUJAUN KEY, Defendant-Appellant.

_________________________________________/

By order of December 23, 2013, the application for leave to appeal the July 16, 2013 judgment of the Court of Appeals was held in abeyance pending the decision in People v Eliason (Docket No. 147428). On order of the Court, the case having been decided on July 8, 2014, sub nom People v Carp, 496 Mich 440 (2014), the application is again considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court on the first-degree murder count, and we REMAND this case to the trial court for resentencing on that count under MCL 769.25. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Larry S. Royster, 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. December 30, 2014 p1215 Clerk