December 30, 2014
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
ELIJAH DUJAUN KEY, Defendant-Appellant
COA: 306951. Wayne CC: 11-004605-FC.
Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices.
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; 852 N.W.2d 801 (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.