The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply State v. Weideman (2002), 94 Ohio St.3d 501, 764 N.E.2d 997. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.
The State of Ohio, Appellant, v. Dzubak, Appellee
94 Ohio St. 3d 508
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Opinion
Pfeifer, J.,
dissents for the reasons stated in his dissenting opinion in State v. Weideman (2002), 94 Ohio St.3d 501, 764 N.E.2d 997.