Opinion
No. 2009-0790.
Submitted September 1, 2009.
Decided October 6, 2009.
APPEAL from the Court of Appeals for Cuyahoga County, No. 91699, 2009-Ohio-966.
Joseph W. Diemert Jr. Associates Co., L.P.A., Joseph W. Diemert Jr., Thomas M. Hanculak, and Daniel A. Powell, for appellant.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is reversed on the authority of Lima v. State, 122 Ohio St.3d 155, 2009-Ohio-2597, 909 N.E.2d 616, and the cause is remanded to the court of appeals to apply Lima v. State.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.