¶1{¶ 1} The discretionary appeal is accepted.
¶2{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals for application of State v. Fraley, 105 Ohio St.3d 13, 2004-Ohio-7110, 821 N.E.2d 995, and consideration of appellee’s remaining assignments of error.