
    
      Thursday, November 2, 2000
    
    MOTION DOCKET
    00-1812.
    State v. Maxwell.
   Franklin App. No. 99AP-1177. This cause is pending before the court as a discretionary appeal and cross-appeal and claimed appeal of right. Upon consideration of appellee/cross-appellant’s motion to vacate this court’s October 16, 2000 entry granting motion for immediate stay of court of appeals’ judgment,

IT IS ORDERED by the court that the motion to vacate be, and hereby is, denied.

Pfeifer, J., dissents.

Lundberg Stratton, J., dissents because defendant must serve out the Butler County term.  