2008-Ohio-6166

State v. Smith.

No. 2008-1348.Supreme Court of Ohio.
December 3, 2008.

Hamilton App. No. C-060991, 2008-Ohio-2561.

APPEALS NOT ACCEPTED FOR REVIEW.

Discretionary appeal not accepted. O’CONNOR, J., dissents and would accept the appeal on Proposition of Law No. I. Discretionary cross-appeal not accepted.

Page 1417

MOYER, C.J., and Lundberg Stratton, J., dissent and would accept the cross-appeal and hold the cause for the decision in 2007-1812, State v. Harris, Hamilton App. No. C-060587.

LANZINGER, J., dissents and would accept the cross-appeal on Proposition of Law No. I and hold the cause for the decision in 2007-1812, State v. Harris.

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