Opinion
Nos. 2004-1006, 2004-1196.
Submitted October 13, 2004.
Decided November 10, 2004.
APPEAL from and CERTIFIED by the Court of Appeals for Summit County, No. 21510, 2004-Ohio-2368.
Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, for appellant.
Nathan A. Ray, for appellee.
{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded to the court of appeals for consideration of other assignments of error and proceedings consistent with State v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471, 816 N.E.2d 227.
Moyer, C.J., Resnick, Pfeifer, Stratton, O'Connor and O'Donnell, JJ., concur.
F.E. Sweeney, J., dissents.