Opinion
Nos. 2002-1722 and 2002-1723.
Submitted August 26, 2003.
Decided September 24, 2003.
Appeal from and Certified by the Court of Appeals for Summit County, No. 20981, 2002-Ohio-4250.
Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, State Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.
{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.
Moyer, C.J., Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
O'Connor, J., concurs separately.
Lundberg Stratton, J., dissents.
O'Donnell, J., not participating.
{¶ 2} Although I dissented in State v. Comer, 99 Ohio St.3d 463,2003-Ohio-4165, 793 N.E.2d 473, I recognize that Comer is now the law. As such, the sentencing procedure for ordering a consecutive sentence should be the same as for ordering a maximum sentence. Thus, I concur here.
{¶ 3} For the reasons expressed in Judge Grady's dissent in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473, I respectfully dissent.