The opinion
Hoffman, Judge,
concurring in part and dissenting in part.
{¶ 73} I concur in the majority’s analysis and disposition of appellant’s first, second, third, and fifth assignments of error.
{¶ 74} I respectfully dissent from the majority’s analysis and disposition of appellant’s fourth assignment of error for the reasons set forth in my dissenting opinion in
State v. Hughett
(Nov. 18, 2004), Delaware App. No. 04-CA-06051, 2004-Ohio-6207 , 2004 WL 2648784 .