State v. Miller, 21693 (2-1-2008) ( 2008 )

{¶ 8} If this were a case of first impression, I would join in the opinions of Judge Grady in State v. Martin (July 27, 2007), Montgomery App. No. 21716, and Judge Walters in his dissenting opinion in this case. But because State v. Martin, supra, is a recent decision of this court, I apply the principle of stare decisis and concur in Judge Brogan's opinion for the court in this case.