[Cite as State v. Brooks, 124 Ohio St.3d 99, 2009-Ohio-6409.]




              THE STATE OF OHIO, APPELLANT, v. BROOKS, APPELLEE.
          [Cite as State v. Brooks, 124 Ohio St.3d 99, 2009-Ohio-6409.]
Discretionary appeal accepted, judgment of the court of appeals reversed, and
        cause remanded to the court of appeals to apply State v. Brewer.
             (No. 2009-1516 — Submitted November 17, 2009 — Decided
                                   December 10, 2009.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 91730,
                                     2009-Ohio-3286.
                                  __________________
        {¶ 1} The discretionary appeal is accepted.
        {¶ 2} The judgment of the court of appeals is reversed, and the cause is
remanded to the court of appeals to apply State v. Brewer, 121 Ohio St.3d 202,
2009-Ohio-593, 903 N.E.2d 284.
        MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and
CUPP, JJ., concur.
        PFEIFER and LANZINGER, JJ., dissent.
                                  __________________
        William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H.
McGrath and Brian M. McDonough, Assistant Prosecuting Attorneys, for
appellant.
                               ______________________
