State v. Embry, Unpublished Decision (11-29-2004) , 2004 Ohio 6324 ( 2004 )

{¶ 44} I concur with the majority's decision to overrule the state's second assignment of error. However, I dissent, on the authority of State v. Johnson (2000), 137 Ohio App. 3d 847, from the majority's decision to sustain the state's first assignment of error.