[Cite as State v. Hamilton, 127 Ohio St.3d 120, 2010-Ohio-5269.]




           THE STATE OF OHIO, APPELLANT, v. HAMILTON, APPELLEE.
        [Cite as State v. Hamilton, 127 Ohio St.3d 120, 2010-Ohio-5269.]
Certified question answered in the affirmative and judgment of the court of
        appeals reversed on the authority of State v. Horner.
      (Nos. 2009-1878 and 2009-1958 — Submitted June 8, 2010 — Decided
                                   November 2, 2010.)
 APPEAL from and CERTIFIED by the Court of Appeals for Montgomery County,
                 No. 22895, 183 Ohio App.3d 819, 2009-Ohio-4602.
                                   __________________
        {¶ 1} The certified question is answered in the affirmative and the
judgment of the court of appeals is reversed on the authority of State v. Horner,
126 Ohio St.3d 466, 2010-Ohio-3830, 935 N.E.2d 26.
        BROWN,      C.J.,    and    PFEIFER,    LUNDBERG           STRATTON,   O’CONNOR,
O’DONNELL, and CUPP, JJ., concur.
        LANZINGER, J., dissents.
                                   __________________
        Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and
Kirsten A. Brandt, Assistant Prosecuting Attorney, for appellant.
        Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant
Public Defender, for appellee.
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