
    The State of Ohio, Appellant, v. Dzubak, Appellee.
    [Cite as State v. Dzubak (2002), 94 Ohio St.3d 508.]
    (No. 01-2057
    Submitted February 27, 2002
    Decided April 3, 2002.)
    
      James M. Gillette, Police Prosecutor, for appellant.
   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.

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.  