FRENCH, Judge.
{¶ 1} Plaintiff-appellee, the state of Ohio, has filed an application for reconsideration, pursuant to App.R. 26(A), requesting that this court reconsider its judgment rendered September 23, 2004, by which we reversed Robert Drayer's judgment of conviction on two counts of gross sexual imposition. The test for deciding a motion for reconsideration in the court of appeals is whether
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