
    The State of Ohio, Appellee, v. Cooke, Appellant.
    [Cite as State v. Cooke, 120 Ohio St.3d 356, 2008-Ohio-6321.]
    (No. 2008-0522
    Submitted October 14, 2008
    Decided December 11, 2008.)
    Robin N. Piper, Butler County Prosecuting Attorney, and Daniel G. Eichel, Assistant Prosecuting Attorney, for appellee.
   {¶ 1} The cause is remanded to the court of appeals for further consideration in view of our opinion in State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912, 896 N.E.2d 124.

Moyer, C.J., and Pfeifer, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

Lundberg Stratton, J., dissents.

Charles M. Conliff, for appellant.  