
    The State of Ohio, Appellant, v. Mutter, Appellee.
    [Cite as State v. Mutter, 117 Ohio St.3d 536, 2008-0hio-1591.]
    (Nos. 2007-0637 and 2007-0639
    Submitted March 12, 2008
    Decided April 9, 2008.)
    Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia, Assistant Prosecuting Attorney, for appellant.
   {¶ 1} The certified question is answered in the affirmative and the judgment of the court of appeals is affirmed on the authority of Hyle v. Porter, 117 Ohio St.3d 165, 2008-Ohio-542, 882 N.E.2d 899.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur.

O’Donnell, J., dissents.  