
    The State of Ohio, Appellee, v. Fulton, Appellant.
    [Cite as State v. Fulton, 99 Ohio St.3d 475, 2003-Ohio-4169.]
    
      (No. 2003-0953
    Submitted July 8, 2003
    Decided August 27, 2003.)
    David H. Bodiker, State Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.
   {¶ 1} The certified conflict is accepted, the judgment of the court of appeals is reversed, and the cause is remanded for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O’Donnell, JJ., concur.

O’Connor, J., concurs in judgment based only on stare decisis.

Lundberg Stratton, J., dissents for the reasons stated in Judge Grady’s dissenting opinion in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.  