2002 OHIO 1496 - State v. Dzubak

[This decision has been published in Ohio Official Reports at

94 Ohio St.3d 508

.]




             THE STATE OF OHIO, APPELLANT, v. DZUBAK, APPELLEE.
                     [Cite as State v. Dzubak,

2002-Ohio-1496

.]
Criminal law—Court of appeals’ judgment reversed and cause remanded to apply
        State v. Weideman.
      (No. 01-2057—Submitted February 27, 2002—Decided April 3, 2002.)
    CERTIFIED by the Court of Appeals for Geauga County, No. 2000-G-2285.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed, and the cause is
remanded to the court of appeals to apply State v. Weideman (2002),

94 Ohio St.3d 501

764 N.E.2d 997

, decided today.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG
STRATTON, JJ., concur.
                                  __________________
        PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State
v. Weideman (2002),

94 Ohio St.3d 501

764 N.E.2d 997

.
                                  __________________
        James M. Gillette, Police Prosecutor, for appellant.
                                  __________________




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