2009-Ohio-1296
No. 2009-0311.Supreme Court of Ohio.
March 25, 2009.
Lucas App. No. L-07-1224, 2008-Ohio-6169.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists.
Sua sponte, cause consolidated with 2009-0079, State v. Horner, Lucas App. No. L-07-1224, 2008-Ohio-6169; cause held for the decision in 2008-1725, State v. Lester, Hamilton App. C-070383, 2008-Ohio-3570; and briefing schedule stayed.
PFEIFER and LANZINGER, JJ., would recognize the conflict but not hold the cause for the decision in State v. Lester.
O’CONNOR, J., dissents.