
    The State of Ohio, Appellee, v. Faraj, Appellant.
    [Cite as State v. Faraj, 128 Ohio St.3d 233, 2010-Ohio-6333.]
    (No. 2010-1679
    Submitted December 14, 2010
    Decided December 29, 2010.)
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is affirmed on the authority of State v. Hodge, 128 Ohio St.3d 1, 2010-Ohio-6320, 941 N.E.2d 768.

William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellee.

Russell S. Bensing, for appellant.

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

Brown, C.J., dissents for the reasons stated in his dissenting opinion in State v. Hodge.  