Licking App. No. 2008 CA 158, 2009-Ohio-6724. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed January 22, 2010:

“Whether discharging a firearm at or into a habitation (R.C. 2923.161) and a firearm specification (R.C. 2929.14(D), R.C. 2941.145) are allied offenses of similar import as defined by R.C. 2941.25(A).”

The conflict case is State v. Elko, Cuyahoga App. No. 83641, 2004-Ohio-5209.

Motion for appointment of counsel is granted. Christopher Shook of Newark, Ohio, is appointed as counsel for appellant.