State v. Winn (117 Ohio St. 3d 1405, 2008)

Montgomery App. No. 21710, 173 Ohio App.3d 202, 2007-Ohio-4327. Discretionary cross-appeal accepted on Proposition of Law Nos. I and II.

Lundberg Stratton, O’Connor, and Cupp, JJ., would also hold the cause for the decision in 2007-0595 and 2007-0651, State v. Cabrales, Hamilton App. No. C-050682, 2007-Ohio-857.

Lanzinger, J., would also accept the cross-appeal on Proposition of Law No. III.

Moyer, C.J., and Pfeifer and O’Donnell, JJ., dissent.

Discretionary appeal not accepted.