Opinion
No. 2004-1299.
Submitted December 14, 2004.
Decided December 30, 2004.
Appeal and Cross-Appeal from the Court of Appeals for Cuyahoga County, No. 82465, 2004-Ohio-855.
William D. Mason, Cuyahoga County Prosecuting Attorney, Lisa Reitz Williamson and Brian Mooney, Assistant Prosecuting Attorneys, for appellee and cross-appellant.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant and cross-appellee.
{¶ 1} The discretionary appeal is accepted on Proposition of Law No. II.
{¶ 2} The cross-appeal is not accepted.
{¶ 3} The judgment of the court of appeals is reversed and the cause is remanded for application of State v. Leach, 102 Ohio St.3d 135, 2004-Ohio-2147, 807 N.E.2d 335.
MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON and O'DONNELL, JJ., concur.
F.E. SWEENEY and O'CONNOR, JJ., dissent.