State v. Beverly

Clark App. No. 2011 CA 64, 2013-Ohio-1365.

On motion for reconsideration. Motion granted and the discretionary appeal is accepted on Proposition of Law No. I only.

Lanzinger, J., concurs and would hold the cause for the decision in case Nos. 2013-1129 and 2013-1319, State v. Griffin, 2d Dist. Montgomery No. 24001, 2013-Ohio-2230. O’Connor, C.J., and O’Donnell, J., concur but would grant the motion as to both propositions of *1415law. Pfeifer, Kennedy, and French, JJ., dissent.