
    The State of Ohio, Appellee, v. Porter, Appellant.
    [Cite as State v. Porter, 124 Ohio St.3d 1237, 2010-Ohio-727.]
    (No. 2009-1252
    Submitted December 1, 2009
    Decided March 4, 2010.)
    Judy C. Wolford, Pickaway County Prosecuting Attorney, and Jayme Hartley Fountain, Assistant Prosecuting Attorney, for appellee.
    Shaw & Miller and Mark J. Miller, for appellant.
   {¶ 1} The motion for reconsideration is granted to the following extent: The discretionary appeal is accepted on Proposition of Law No. II.

{¶ 2} The judgment of the court of appeals is affirmed on the authority of State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, 920 N.E.2d 958.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Lanzinger, J., concurs for the reasons stated in her concurring opinion in State v. Fuller, 124 Ohio St.3d 543, 2010-Ohio-726.

Pfeifer, J., dissents for the reasons stated in his dissenting opinion in State v. Fuller, 124 Ohio St.3d 543, 2010-Ohio-726.  