MOYER, C.J., and PFEIFER, J., dissent and would accept the discretionary appeal and hold the cause for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004...
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