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,
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