[Cite as State v. Hudson, 124 Ohio St.3d 1237, 2010-Ohio-1425.]

THE STATE OF OHIO, APPELLEE, v. HUDSON, APPELLANT. [Cite as State v. Hudson, 124 Ohio St.3d 1237, 2010-Ohio-1425.]

Appeal dismissed as improvidently accepted. (No. 2009-1383 — Submitted March 31, 2010 — Decided April 7, 2010.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 89588, 2009-Ohio-3069. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J.,1 and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant Public Defender, for appellant. ______________________

1. The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death.