STATE v. HORNER

No. 2009-0311.

123 Ohio St.3d 1416 (2009)

2009-Ohio-5417

State v. Horner.

Supreme Court of Ohio.

October 13, 2009.


This cause is pending before the court on the certification of a conflict by the Court of Appeals for Lucas County.

It is ordered by the court, sua sponte, that this cause is no longer held for the decision in State v. Lester, ___ Ohio St.3d ___, 2009-Ohio-4225, ___ N.E.2d ___. The parties are to brief the question certified by the court of appeals, as follows:

"Whether the holdings of State v. Colon, 118 Ohio St.3d 26

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