Prior report:
293 Mich.App. 33, 809 N.W.2d 176.
Order
By order of September 26, 2011, the application for leave to appeal the June 7, 2011 judgment of the Court of Appeals was held in abeyance pending the decisions in People v. Kolanek (Docket Nos. 142695, 142712) and People v. King (Docket No. 142850). On order of the Court, the cases having been decided on May 31, 2012, 491 Mich. –––– (2012), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Kolanek and King.
We further ORDER that the stay entered by this Court on August 23, 2011 remains in effect until completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.
We do not retain jurisdiction.