State v. Wain, Unpublished Decision (8-10-2006) , 2006 Ohio 4124 ( 2006 )

{¶ 13} Because of the precedent this court established inState v. Burk, 164 Ohio App.3d 74, 2005-Ohio-6727, I concur with the majority opinion, but I do so reluctantly. See my dissent in Burk, to which the Supreme Court of Ohio has accepted a discretionary appeal, 109 Ohio St.3d 1455,2006-Ohio-2226.