State v. Burston (128 Ohio St. 3d 1504, 2011)

Cuyahoga App. No. 93645, 2010-Ohio-5120. Reported at 128 Ohio St.3d 1447, 2011-Ohio-1618, 944 N.E.2d 696. On motion for reconsideration. Motion denied.

Cupp, J.,

dissents and would grant the motion, accept the appeal on Proposition of Law No. I, and hold the cause for the decision in 2010-1448, State v. Barker, Lucas App. No. L-09-1139, 2010-Ohio-3067.