2004-Ohio-6585, 819 N.E.2d 709

State v. McSwain.

No. 2004-1393.Supreme Court of Ohio.
Decided December 15, 2004.

Cuyahoga App. No. 83394, 2004-Ohio-3292.

APPEALS NOT ACCEPTED FOR REVIEW

MOYER, C.J., LUNDBERG STRATTON and O’DONNELL, JJ., dissent and would accept on Proposition of Law No. V.

PFEIFER, J., dissents and would reverse the judgment of the court of appeals on the authority of State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864.