{¶ 1} Sua sponte, this cause is no longer held for the decision in 2009-0232 and 2009-0328, State v. Lanier.
{¶ 2} This cause is remanded to the court of appeals for further consideration in view of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.