Opinion
No. 2003-1241.
Submitted September 23, 2003.
Decided November 12, 2003.
Appeal from the Court of Appeals for Lucas County, No. L-02-1232, 2003-Ohio-2913.
Peter J. Wagner and Andy P. Hart, for appellant.
{¶ 1} The discretionary appeal is allowed.
{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply 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.
{¶ 3} 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.