¶1{¶ 1} The discretionary appeal is allowed.
¶2{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.
¶3dissenting.
¶4{¶ 3} For the reasons expressed in Judge Grady’s dissent in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473, ¶ 28-39, I respectfully dissent.