[Cite as State v. Faraj, 128 Ohio St.3d 233, 2010-Ohio-6333.]




              THE STATE OF OHIO, APPELLEE, v. FARAJ, APPELLANT.
          [Cite as State v. Faraj, 128 Ohio St.3d 233, 2010-Ohio-6333.]
Discretionary appeal accepted and judgment of the court of appeals affirmed on
        the authority of State v. Hodge.
           (No. 2010-1679 — Submitted December 14, 2010 — Decided
                                   December 29, 2010.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 93491,
                                     2010-Ohio-3719.
                                  __________________
        {¶ 1} The discretionary appeal is accepted.
        {¶ 2} The judgment of the court of appeals is affirmed on the authority
of State v. Hodge, 128 Ohio St.3d 1, 2010-Ohio-6320, 941 N.E.2d 768.
        PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and
CUPP, JJ., concur.
        BROWN, C.J., dissents for the reasons stated in his dissenting opinion in
State v. Hodge.
                                  __________________
        William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan
Regas, Assistant Prosecuting Attorney, for appellee.
        Russell S. Bensing, for appellant.
                               ______________________
