
    The State of Ohio, Appellant, v. Yeager, Appellee.
    [Cite as State v. Yeager, 103 Ohio St.3d 476, 2004-Ohio-5707.]
    (Nos. 2004-1006 and 2004-1196
    Submitted October 13, 2004
    Decided November 10, 2004.)
    Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, for appellant.
    Nathan A. Ray, for appellee.
   {¶ 1} The judgment of the court of appeals is reversed and the cause is remanded to the court of appeals for consideration of other assignments of error and proceedings consistent with State v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471, 816 N.E.2d 227.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur.

F.E. Sweeney, J., dissents.  