State v. Wagner

{¶ 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 St.3d 79, 2004-Ohio-37, 801 N.E.2d 446, at ¶ 20-22. Lundberg Stratton, J., dissents.