concurring with separate opinion.
I write to concur in full and to acknowledge the precedent our supreme court articulated in State v. Kimco of Evansville, Inc., 902 N.E.2d 206 (Ind.2009). As the author of the Court of Appeals decision reversed by that opinion, one does not have to be Carnac to realize I disagree. *648However, our supreme court has spoken, and I concur.