STATE v. MASSIEN

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Journal Entry filed April 24, 2009:

"Whether a nurse employed by a hospital who in the course of her employment steals drugs from the hospital holds a "position of trust" under R.C. 2929.13(B)(1)(d) thus making the nurse ineligible for intervention in lieu of conviction?"

The conflict case is State v. France, Franklin App. No. 04AP-1124, 2006-Ohio-1204.