{¶ 1} The discretionary appeal is accepted on Proposition of Law No. IV.

{¶ 2} The cause is remanded to the court of appeals for consideration of whether the court of appeals’ judgment should be modified in view of our opinion in State v. Cabrales, 118 Ohio St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181.