
    The State of Ohio, Appellee, v. Nicholas, Appellant.
    [Cite as State v. Nicholas, 120 Ohio St.3d 357, 2008-Ohio-6322.]
    (No. 2008-0627
    Submitted October 14, 2008
    Decided December 11, 2008.)
    Robin N. Piper, Butler County Prosecuting Attorney, and Michael A. Oster Jr., Assistant Prosecuting Attorney, for appellee.
    Timothy Young, State Public Defender, and Jeremy J. Masters, Assistant State Public Defender, for appellant.
   {¶ 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 O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

Pfeifer and Lundberg Stratton, JJ., dissent.  