STATE v. UPSHAW

MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to orief the issue stated at page 3 of the court of appeals' Decision and Entry filed May 19, 2005.

"Whether an order that finds a defendant to be incompetent to stand trial and that commits him to a treatment facility, but does not order the administration of anti-psychotic medication, is a final appealable order?"

RESNICK, J., dissents.

The conflict case is Youngstown v. Ortiz, 153 Ohio App.3d 271, 2003-Ohio-2238, 793 N.E.2d 498.