Opinion
Nos. 2003-1292 and 2003-1293.
Submitted September 23, 2003.
Decided November 12, 2003.
Appeal from and Certified by the Court of Appeals for Lucas County, No. L-01-1469, 2003-Ohio-3097.
Julia R. Bates, Lucas County Prosecuting Attorney, and Brenda J. Majdalani, Assistant Prosecuting Attorney, for appellee.
Gamso, Helmick Hoolahan and Jeffrey M. Gamso, for appellant.
{¶ 1} The discretionary appeal is allowed on Proposition of Law No. 3 only.
{¶ 2} The certification of conflict is accepted.
{¶ 3} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton, J., dissents.
{¶ 4} For the reasons expressed in Judge Grady's dissent in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473, ¶ 28-39, I respectfully dissent.