[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 35.]

THE STATE OF OHIO, APPELLEE, v. CARPER, APPELLANT. [Cite as State v. Carper, 1999-Ohio-235.]

Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a minor misdemeanor traffic offense which results in a vehicular homicide, does not violate the Eighth Amendment to the United States Constitution or Section 9, Article I of the Ohio Constitution—Court of appeals’ judgment affirmed on authority of State v. Weitbrecht. (No. 99-927—Submitted September 15, 1999—Decided October 13, 1999.)

CERTIFIED by the Court of Appeals for Fayette County, No. CA98-06-009. __________________ William N. Eachus and Jeffrey L. Finley, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Weitbrecht (1999), 86 Ohio St.3d 368, 715 N.E.2d 167.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK AND LUNDBERG STRATTON, JJ., CONCUR.

PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State v. Weitbrecht (1999), 86 Ohio St.3d 368, 374, 715 N.E.2d 167, 172. __________________