State v. Torres (127 Ohio St. 3d 1460, 2010)

Cuyahoga App. No. 94003, 2010-Ohio-3615. Discretionary appeal not accepted.

Lundberg Stratton, J., dissents and would accept the appeal on Proposition of Law No. I.

Discretionary cross-appeal accepted on Proposition of Law No. I; cause held for the decision in 2009- 1997, State v. Hodge, Hamilton App. No. C-080968; and briefing schedule stayed.

Lundberg Stratton, J., would also accept the cross-appeal on Proposition of Law No. II.

Pfeifer, J., dissents and would not accept the cross-appeal.