
    2003- 0033.
    State v. Colbert.
   Cuyahoga App. No. 80361, 2002-0hio-6315. On motion to dismiss the state of Ohio’s appeal. Motion denied.

F.E. Sweeney and O’Connor, JJ., dissent.

On motion for reconsideration of the dismissal of the cross-appeal. Motion granted and cross-appeal allowed on Proposition of Law No. I only.

Moyer, C.J., Resnick and Pfeifer, JJ., concur but would also allow all other propositions of law.

F.E. Sweeney and O’Donnell, JJ., dissent and would deny.

O’Connor, J., dissents and would deny as moot.  