Opinion
Case No. 2004-2036.
Submitted March 8, 2005.
Decided April 20, 2005.
APPEAL from the Court of Appeals for Hamilton County, No. C-040028, 2004-Ohio-5725.
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Thomas J. Boychan Jr., Assistant Prosecuting Attorney, for appellant.
Benjamin, Yocum Heather, L.L.C., and Brian A. Lee, for appellee.
{¶ 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 for application of State v. Fraley, 105 Ohio St.3d 13, 2004-Ohio-7110, 821 N.E.2d 995, and consideration of appellee's remaining assignments of error.
Moyer, C.J., Resnick, Pfeifer, Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., dissents.