On review of order certifying a conflict. The court determines that no conflict exists within the meaning of S.Ct.Prac.R. IV(2)(B). This cause is therefore dismissed.
MOYER, C.J., RESNICK, PFEIFER, O'DONNELL and LANZINGER, JJ., concur.
LUNDBERG STRATTON and O'CONNOR, JJ. would accept and hold the cause for the decisions in 2004-1171, State v. Mathis, Cuyahoga App. No. 83311, 2004-Ohio-2982, and 2004-1267, State v. Fair, Cuyahoga App. No. 82278...
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