Opinion
2022-0297
12-30-2022
The State of Ohio, Appellant, v. Jenkins, Appellee.
Brunner, J., dissents for the reasons set forth in her dissenting opinion in Bourn. Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellant.
Submitted November 29, 2022
Appeal from the Court of Appeals for Cuyahoga County, No. 109421, 2022-Ohio-297.
Brunner, J., dissents for the reasons set forth in her dissenting opinion in Bourn.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellant.
{¶ 1} The judgment of the Eighth District Court of Appeals is reversed on the authority of State v. Bourn, __ Ohio St.3d __, 2022-Ohio-4321, __ N.E.3d __, and the cause is remanded to that court for further proceedings.
O'CONNOR, C.J., and KENNEDY, FISCHER, and DEWINE, JJ., concur.
DONNELLY and STEWART, JJ., would dismiss the appeal as having been improvidently allowed.