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STATE v. WILHELM

No. 97-1054.

81 Ohio St.3d 444 (1998)

THE STATE OF OHIO, APPELLANT, v. WILHELM, APPELLEE.

Supreme Court of Ohio.

Decided April 22, 1998.

Attorney(s) appearing for the Case

John F. Holcomb, Butler County Prosecuting Attorney, Daniel G. Eichel and Jeffrey P. Giuliano, Assistant Prosecuting Attorneys, for appellant.

Fred Miller, for appellee.

The judgment of the court of appeals is reversed on the authority of Dayton v. Erickson (1996), 76 Ohio St.3d 3, 665 N.E.2d 1091.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.

PFEIFER, J., dissents and would affirm the judgment of the court of appeals for the reasons stated in his dissenting opinion in Dayton v. Erickson (1996), 76 Ohio St...

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