2003-Ohio-2768, 789 N.E.2d 231

The State of Ohio, Appellant v. York, Appellee.

No. 2002-0767.

Page 137

Supreme Court of Ohio.Submitted May 14, 2003.
Decided June 11, 2003.

Certified by the Court of Appeals for Seneca County, No. 13-01-19 2002-Ohio-1398.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Fisher, 99 Ohio St.3d 127, 2003-Ohio-2761, 789 N.E.2d 222, and the cause is remanded to the court of appeals to consider the defendant’s remaining assignments of error.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Lundberg Stratton and O’Connor, JJ., concur.

Cook, J., not participating.

Ken Egbert Jr., Seneca County Prosecuting Attorney, for appellant.