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STATE v. WAGNER

No. 2002-1808.

101 Ohio St.3d 183 (2004)

2004-Ohio-706

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

Supreme Court of Ohio.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Joseph R. Burkard, Paulding County Prosecuting Attorney, and James B. Vanzant, Assistant Prosecuting Attorney, for appellant.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Schmitt, 101 Ohio St.3d 79, 2004-Ohio-37, 801 N.E.2d 446.

MOYER, C.J., RESNICK, O'CONNOR and O'DONNELL, JJ., concur.

F.E. SWEENEY, J., dissents and would affirm the court of appeals.

PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State v. Schmitt, 101 Ohio...

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