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THE STATE OF OHIO, APPELLANT, v. AYERS, APPELLEE.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Buehler, 113 Ohio St.3d 114, 2007-Ohio-1246, 863 N.E.2d 124, and the cause is remanded to the court of appeals for consideration of appellee's remaining assignments of error.

MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and CUPP, JJ., concur.

LANZINGER, J., dissents for the reasons stated in her dissenting opinion in State v. Buehler.

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STATE v. AYERS
(Apr 11, 2007)