
    99-1107.
    State v. Homan.
   Erie App. No. E-97-100. This cause is pending before the court as a discretionary appeal and claimed appeal of right from the Court of Appeals for Erie County. Uppn consideration of appellant’s motion to stay court of appeals’ judgmentYending appeal,

IT IS ORDERED by the court that the motion to stay be, and hereby is, granted.

Pfeifer and Lundberg Stratton, JJ., dissent.

Resnick, J., not participating.  