2009-Ohio-1296
No. 2009-0079.Supreme Court of Ohio.
March 25, 2009.
Lucas App. No. L-07-1224, 2008-Ohio-6169.
APPEALS ACCEPTED FOR REVIEW.
Discretionary appeal accepted on Proposition of Law Nos. I and II; cause consolidated with 2009-0311, 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. No. C-070383, 2008-Ohio-3570; and briefing schedule stayed.
PFEIFER and LUNDBERG STRATTON, JJ., would also accept the appeal on Proposition of Law No. III.
MOYER, C.J., would apply State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3479, to Proposition of Law No. I.
LANZINGER, J., would not hold the appeal for the decision in State v. Lester.
O’CONNOR, J., dissents.