State v. Griffin
127 Ohio St. 3d 266
Ohio
2010
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{¶ 1} The discretionary appeal is accepted.

{¶2} The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for application of State v. Ketterer, 126 Ohio St.3d 448, 2010-Ohio-3831, 935 N.E.2d 9.

Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Brown, C.J., and Pfeifer, J., dissent and would not accept the discretionary appeal.