MARKUS, C.J.
The state appeals from the dismissal of the second count of the grand jury's indictment, which charged the defendant with violating R.C. 2913.46(A). The writer of this opinion agrees with the trial court that the cited statute is unconstitutional, albeit for a different reason. The majority of the court concludes that the statute is constitutional and enforceable. Hence, we reverse the dismissal judgment.
R.C. 2913.46(A) provides:
"No...
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