Opinion

State v. Sparks

66 Ohio App. 3d 348
584 N.E.2d 45
1990 Ohio App. LEXIS 1107

Court: Ohio Court of Appeals
Filed: Mar 12, 1990
Status: Published
Author: Stephenson
On the bench: Harsha, Abele, Stephenson
Cited by: 1 cases
Authority: More cited than 43.6%

The opinion

Stephenson, Judge,

concurring.

I concur in the majority judgment and opinion on the basis of the recent decision in

State v. Smith

(1989), 42 Ohio St.3d 60 , 537 N.E.2d 198 . However, I believe the more persuasive reasoning in the

Smith

decision to be that of Justice Brown in his dissenting opinion, which sets forth and adopts the reasoning of the Court of Appeals for Montgomery County. Therefore, I concur.

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