[Cite as State v. Allen, 128 Ohio St.3d 442, 2011-Ohio-1838.]




              THE STATE OF OHIO, APPELLANT, v. ALLEN, APPELLEE.
          [Cite as State v. Allen, 128 Ohio St.3d 442, 2011-Ohio-1838.]
Judgment of the court of appeals affirmed.
   (No. 2010-1342 — Submitted October 12, 2010 — Decided April 19, 2011.)
     APPEAL from the Court of Appeals for Lorain County, No. 09CA009636,
                                     2010-Ohio-2990.
                                  __________________
        {¶ 1} Sua sponte, this cause is no longer held for the decision in 2010-
1216, State ex rel. DeWine v. Burge, 128 Ohio St.3d 236, 2011-Ohio-235, 943
N.E.2d 535.
        {¶ 2} The judgment of the court of appeals is affirmed.
        O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
                                  __________________
        Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo
Belcher, Assistant Prosecuting Attorney, for appellant.
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