Opinion
No. 2006-0276.
Submitted March 14, 2007.
Decided April 11, 2007.
APPEAL from the Court of Appeals for Cuyahoga County, No. 86006, 2005-Ohio-6972.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath, Assistant Prosecuting Attorney, for appellant.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellee.
{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Buehler, 113 Ohio St.3d 114, 2007-Ohio-1246, 863 N.E.2d 124, and the cause is remanded to the court of appeals for consideration of appellee's remaining assignments of error.
MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and CUPP, JJ., concur.
LANZINGER, J., dissents for the reasons stated in her dissenting opinion in State v. Buehler.