
    The State of Ohio, Appellant and Cross-Appellee, v. Meador, Appellee and Cross-Appellant.
    [Cite as State v. Meador, 123 Ohio St.3d 450, 2009-Ohio-5861.]
    
      (No. 2009-0884
    Submitted October 20, 2009
    Decided November 10, 2009.)
    Rachel A. Hutzel, Warren County Prosecuting Attorney, and Michael Greer, Assistant Prosecuting Attorney, for appellant and cross-appellee.
    Fred S. Miller; and Repper, Pagan & Cook, Ltd. and Christopher J. Pagan, for appellee and cross-appellant.
   {¶ 1} The discretionary appeal is not accepted.

{¶ 2} The discretionary cross-appeal is accepted.

{¶ 3} The judgment of the court of appeals holding as moot the assignment of error in which appellant below challenged the sufficiency of the evidence is reversed, and the cause is remanded to the court of appeals for consideration of that assignment of error.

Judgment reversed and cause remanded.

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