Moyer, C.J. {¶ 1} The Fifth District Court of Appeals has certified this case to this court for review and final determination pursuant to Section 3(B)(4), Article IV, Ohio Constitution and App.R. 25. The Fifth District found its judgment to be in *407 conflict with the judgment of the Third District Court of Appeals in State v. Phillips, Logan App. No. 8-04-2…
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