Cuyahoga App. No. 91638, 2009-Ohio-3374.
O’Connor, J., dissents and would accept the appeal, reverse the judgment of the court of appeals, and remand the cause to the trial court to apply State v. Boswell, 121 Ohio St.3d 575, 2009-Ohio-1577, 906 N.E.2d 422.
Lanzinger, J., dissents.