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STATE v. HORNER

Nos. 2009-0079 and 2009-0311.

126 Ohio St.3d 466 (2010)

2010-Ohio-3830

THE STATE OF OHIO, Appellee, v. HORNER, Appellant.

Supreme Court of Ohio.

Decided August 27, 2010.

Attorney(s) appearing for the Case

Julia R. Bates , Lucas County Prosecuting Attorney, and David F. Cooper , Assistant Prosecuting Attorney, for appellee.

John F. Potts , for appellant.

Ron O'Brien , Franklin County Prosecuting Attorney, and Steven L. Taylor , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecutor.

Timothy Young , Ohio Public Defender, and Spencer Cahoon , Assistant Public Defender, urging reversal for amicus curiae Ohio Public Defender.

LUNDBERG STRATTON, J.

{¶ 1} Pursuant to Section 3(B)(4), Article IV of the Ohio Constitution and App.R. 25, the Sixth District Court of Appeals certified its judgment in this case as being in conflict with the judgments of the Eighth District Court of Appeals in State v. Briscoe, 8th Dist. No. 89979, 2008-Ohio-6276, 2008 WL 5084720, and the Third District Court of Appeals in

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