Franklin App. No. 09AP-862, 2010-Ohio-3019. Reported at 127 Ohio St.3d 1503, 2011-Ohio-19, 939 N.E.2d 1266. On motion for reconsideration. Motion granted to the following extent: The discretionary appeal is accepted on Proposition of Law No. I; the cause is held for the decision in 2010-1448, State v. Barker, Lucas App. No. L-09-1139, 2010-Ohio-3067; and the briefing schedule is stayed.
O’Connor, C.J., and Pfeifer and Lanzinger, JJ., dissent.