Opinion
No. 2003-1449.
Submitted December 15, 2003.
Decided January 21, 2004.
APPEAL from the Court of Appeals for Ashtabula County, No. 2001-A-0056, 2003-Ohio-3494.
Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Angela M. Scott, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals is reversed on the authority of State v. Kaplowitz, 100 Ohio St.3d 205, 2003-Ohio-5602, 797 N.E.2d 977.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
F.E. Sweeney, J., dissents.