Lucas App. No. L-07-1224, 2008-Ohio-6169. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration thereof,

It is ordered by the court that the this cause is no longer held for the decision in State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038, but the briefing remains stayed.