Opinion
No. 2010-1868.
Submitted February 1, 2011.
Decided February 22, 2011.
APPEAL from the Court of Appeals for Trumbull County, No. 2009-T-0110, 2010-Ohio-5183.
Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, for appellant.
{¶ 1} The discretionary appeal is accepted.
{¶ 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.