Moyer, C.J., Lundberg Stratton and O'Donnell, JJ., dissent; would accept on Proposition of Law No. I and hold for the decision in 2003-1048 and 2003-1049, State v. White, Guernsey App. No. 02CA23, 2003-Ohio-2289; and would accept on Proposition of Law No. II and hold for the decision in 2003-0033, State v. Colbert, Cuyahoga App. No. 80361, 2002...
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