2007-Ohio-388

STATE v. PELFREY, 2006-Ohio-256.

No. 2005-2075 and 2005-2211.Supreme Court of Ohio.
February 7, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MERIT DECISIONS WITH OPINIONS
Montgomery App. No. 19955, 2005-Ohio-5006. Judgment affirmed.

Moyer, C.J., Gallagher, Pfeifer, O’Connor and Lanzinger, JJ., concur.

Lundberg Stratton and O’Donnell, JJ., dissent.

Sean C. Gallagher, J., of the Eighth Appellate District, was assigned to sit for Resnick, J., whose term ended on January 1, 2007.

Cupp, J., whose term began on January 2, 2007, did not participate in the consideration or decision of this case.

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