Opinion
No. 2010-1679.
Submitted December 14, 2010.
Decided December 29, 2010.
APPEAL from the Court of Appeals for Cuyahoga County, No. 93491, 2010-Ohio-3719.
William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellee.
Russell S. Bensing, for appellant.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is affirmed on the authority of State v. Hodge, ___ Ohio St.3d ___, 2010-Ohio-6320, ___ N.E.2d ___.
Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Brown, C.J., dissents for the reasons stated in his dissenting opinion in State v. Hodge, ___ Ohio St.3d ___, 2010-Ohio-6320.