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reversing State v. Wilhelm (Apr. 14, 1997), Butler App. No. CA 96-12-272, unreported, on authority of Erickson, supra
Summary of this case from State v. StevensOpinion
No. 97-1054
Submitted March 4, 1998 —
Decided April 22, 1998.
APPEAL from the Court of Appeals for Butler County, No. CA96-12-272.
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.
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.3d 3, 12-13, 665 N.E.2d 1091, 1098.