Opinion
No. 2003-1346.
Submitted October 26, 2004.
Decided December 8, 2004.
APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 80630, 2003-Ohio-3211.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Richard Bombik, Assistant Prosecuting Attorney, for appellant and cross-appellee.
Robert L. Tobik, Cuyahoga County Public Defender, and Paul A. Kuzmins, Assistant Public Defender, for appellee and cross-appellant.
{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing consistent with State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864.
MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.