Opinion
Nos. 2003-0679 and 2003-0731.
Submitted July 8, 2003.
Decided August 27, 2003.
Certified by and Appeal from the Court of Appeals for Washington County, No. 02CA28, 2003-Ohio-1386.
David H. Bodiker, State Public Defender, and Molly J. McAnespie, Assistant Public Defender, for appellant.
{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 473 N.E.2d 793.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O'Donnell, JJ., concur.
O'Connor, J., concurs in judgment based only on sstare decisis.
Lundberg Stratton, J., dissents for the reasons stated in Judge Grady's dissenting opinion in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.