Union App. No. 14-2000-44. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at pages 9-10 of the court of appeals’ Opinion dated May 25, 2001:

“[W]hether a motion made pursuant to Crim.R. 32.1 is subject to the time constraints contained in R.C. 2953.21 and R.C. 2953.23 and must be treated as a petition for post-conviction relief in the event that the time for direct appeal has passed and the motion is based upon alleged constitutional violations.”

Sua sponte, cause consolidated with 01-1247, State v. Bush, Union App. No. 14-2000-44.

The conflict cases are State v. Cale (Mar. 23, 2001), Lake App. No. 2000-L-034, unreported, 2001 WL 285794; and State v. Talley (Jan. 30, 1998), Montgomery App. No. 16479, unreported, 1998 WL 31516.