Opinion
No. 2010-1257.
Submitted October 12, 2010.
Decided December 28, 2010.
APPEAL from the Court of Appeals for Cuyahoga County, No. 93427, 2010-Ohio-2466.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is reversed on the authority of State v. Saxon, 109 Ohio St.3d 176, 2006-Ohio-1245, 846 N.E.2d 824.
BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, and CUPP, JJ., concur.
LANZINGER, J., dissents.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Katherine Mullin, Assistant Prosecuting Attorney, for appellant.