2011-Ohio-737
No. 2010-1868.Supreme Court of Ohio.Submitted February 1, 2011.
Decided February 22, 2011.
APPEAL from the Court of Appeals for Trumbull County, No. 2009-T-0110, 2010-Ohio-5183.
{¶ 1} The discretionary appeal is accepted.
Page 269
{¶ 2} The portion of the judgment of the court of appeals addressing appellant’s first assignment of error below is reversed on the authority of State v. Hodge, 128 Ohio St.3d 1, 2010-Ohio-6320, 941 N.E.2d 768.
O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, for appellant.
Page 270