
    The State of Ohio, Appellant, v. Griffin, Appellee.
    [Cite as State v. Griffin, 127 Ohio St.3d 266, 2010-Ohio-5948.]
    (No. 2010-1434
    Submitted November 16, 2010
    Decided December 9, 2010.)
    Robert J. Batchelor, Coshocton County Prosecuting Attorney, for appellant. Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee.
    Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, in support of appellant for amicus curiae, Ohio Prosecuting Attorneys Association.
   {¶ 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.  