Opinion
No. 2009-1252.
Submitted December 1, 2009.
Decided March 4, 2010.
APPEAL from the Court of Appeals for Pickaway County, No. 08CA26, 2009-Ohio-3112.
Judy C. Wolford, Pickaway County Prosecuting Attorney, and Jayme Hartley Fountain, Assistant Prosecuting Attorney, for appellee.
Shaw Miller and Mark J. Miller, for appellant.
ON MOTION FOR RECONSIDERATION.
{¶ 1} The motion for reconsideration is granted to the following extent: The discretionary appeal is accepted on Proposition of Law No. II.
{¶ 2} The judgment of the court of appeals is affirmed on the authority of State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, 920 N.E.2d 958.
MOYER, C.J., and LUNDBERG STRATTON, O'CONNOR, O'DONNELL, and CUPP, JJ., concur.
LANZINGER, J., concurs for the reasons stated in her concurring opinion in State v. Fuller, ___ Ohio St.3d ___, 2010-Ohio-726.
PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State v. Fuller, ___ Ohio St.3d ___, 2010-Ohio-726.