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Full opinion text

{¶ 1} The motion for reconsideration is granted. The discretionary appeal is accepted. The judgment of the court of appeals is reversed, and the cause is remanded to the appellate court for further proceedings consistent with this court’s decisions in State v. Brunning, 134 Ohio St.3d 438, 2012-Ohio-5752, 983 N.E.2d 316, and State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, Lanzinger, and Cupp, JJ., concur.

O’Donnell, J., dissents.

Kennedy, J., not participating.