¶1{¶ 1} The discretionary appeal is allowed on Proposition of Law No. 3 only.
¶2{¶ 2} The certification of conflict is accepted.
¶3{¶ 3} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.