State v. Kovacic

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[Cite as State v. Kovacic, 103 Ohio St.3d 1201, 2004-Ohio-5708.] THE STATE OF OHIO, APPELLANT, v. KOVACIC, APPELLEE. [Cite as State v. Kovacic, 103 Ohio St.3d 1201, 2004-Ohio-5708.] Appeal dismissed as improvidently allowed. (No. 2003-1989 Submitted September 15, 2004 Decided November 10, 2004.) APPEAL from the Court of Appeals for Ashtabula County, No. 2002-A-0032, 2003-Ohio-5219. __________________ {ΒΆ1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., RESNICK, F.E. SWEENEY, LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. PFEIFER, J., dissents and would reverse. __________________ Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Angela M. Scott, Assistant Prosecuting Attorney, for appellant. Jon T. Field, for appellee. William F. Schenck, Greene County Prosecuting Attorney, and Elizabeth A. Ellis, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association. ______________________ 1

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