
    The State of Ohio, Appellant, v. Allen, Appellee.
    [Cite as State v. Allen, 128 Ohio St.3d 442, 2011-Ohio-1838.]
    (No. 2010-1342
    Submitted October 12, 2010
    Decided April 19, 2011.)
    Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo Belcher, Assistant Prosecuting Attorney, for appellant.
   {¶ 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.  