Franklin App. No. 06AP-245, 2006-Ohio-6429. Reported at 113 Ohio St.3d 1489, 2007-Ohio-1986, 865 N.E.2d 913. On motion for reconsideration. Motion granted and discretionary appeal accepted and held for the decision in 2007-0052, State v. Simpkins, Cuyahoga App. No. 87692, 2006-Ohio-6028, and briefing schedule stayed.
Pfeifer and Cupp, JJ., dissent.