Opinion
No. 2009-0076.
June 3, 2009.
Montgomery App. Nos. 21463 and 22334, 2008-Ohio-6330.
APPEALS ACCEPTED FOR REVIEW
Discretionary appeal accepted on Proposition of Law No. IV; cause held for the decision in 2008-1725, State v. Lester, Hamilton App. No. C-070383, 2008-Ohio-3570; cause consolidated with 2009-0578, State v. Smith, Montgomery App. Nos. 21463 and 22334, 2008-Ohio-6330; and briefing schedule stayed.
Pfeifer, J., would also accept the appeal on all other Propositions of Law.
O'Donnell, J., dissents.