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STATE v. GILL

Nos. 93-1098 and 94-38.

70 Ohio St.3d 150 (1994)

THE STATE OF OHIO, APPELLANT, v. GILL, APPELLEE. CITY OF SYLVANIA, APPELLEE, v. ROBINSON, APPELLANT.

Supreme Court of Ohio.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, David M. Buchman, City Prosecutor, and Brenda J. Keltner, Assistant City Prosecutor, for appellant in case No. 93-1098.

Daniel J. Igoe, for appellee in case No. 93-1098.

Robert A. Pyzik, Chief Prosecutor, for appellee in case No. 94-38.

Mollenkamp & Fisher and John B. Fisher, for appellant in case No. 94-38.

Daniel D. Connor Co., L.P.A., and Daniel D. Connor, urging affirmance for amicus curiae, Central Ohio Association of Criminal Defense Lawyers, in case No. 93-1098.

DOUGLAS, J.

The principal issue presented by these cases involves an interpretation of the word "operate," as that term is used in R.C. 4511.19. Specifically, we are asked to determine whether a person can be found in violation of R.C. 4511.19(A)(1) and (3) where the person is found intoxicated and in the driver's seat of a parked vehicle with the ignition key in the ignition and the vehicle's engine not running.

R.C. 4511.19(A)(1) and (3) provide: "No person...

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