STATE v. PEPKA, 2009-0678 (3-25-2010)

Judgment of the court of appeals reversed, and appellee's convictions and sentence reinstated.

Pfeifer, Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur.

Moyer, C.J., and O'Donnell, J., dissent and would dismiss the appeal as having been improvidently accepted.