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State v. Wagner3/3/2004
Court of appeals' judgment reversed on authority of State v. Schmitt - Criminal procedure - Evidence - Driving under the influence - Law enforcement officer may testify at trial regarding observations made during a defendant's performance of nonscientific standardized field sobriety tests.
Submitted January 21, 2004
. The judgment of the court of appeals is reversed on the authority of State v. Schmitt, 101 Ohio St.3d 79, 2004-Ohio-37, 801 N.E.2d 446.
Moyer, C.J., Resnick, O'Connor and O'Donnell, JJ., concur.
F.E. Sweeney, J., dissents and would affirm the court of appeals.
Pfeifer, J., dissents for the reasons stated in his dissenting opinion in State v. Schmitt, 101 Ohio St.3d 79, 2004-Ohio-37, 801 N.E.2d 446, at 20-22.
Lundberg Stratton, J., dissents.
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