State v. Horner

*467Lundberg 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 State v. Alvarez, 3d Dist. No. 4-08-02, 2008-Ohio-5189, 2008 WL 4455611, on the following issue: “Whether the holdings of State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624 [885 N.E.2d 917] and State v. Colon, 119 Ohio…