[Cite as State v. Fuller, 121 Ohio St.3d 137, 2009-Ohio-722.]
*138(No. 2008-2125 —
Submitted February 3, 2009 —
Decided February 24, 2009.)
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for appellant.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is reversed on the authority of Morgan v. Eads, 104 Ohio St.3d 142, 2004-0hio-6110, 818 N.E.2d 1157.
Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.
Pfeifer and Lanzinger, JJ., dissent.
121 Ohio St. 3d 137
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