
    2009-1654.
    State v. Lyles.
   Allen App. No. 1-09-40.

O’Donnell, J., dissents and would accept the appeal, reverse the judgment of the court of appeals, and remand for application of State ex rel. Culgan v. Medina Cty. Court of Common Pleas, 119 Ohio St.3d 535, 2008-Ohio-4609, 895 N.E.2d 805.

Cupp, J., not participating.  