State v. Smith

Full title: THE STATE OF OHIO, APPELLANT, v. SMITH, APPELLEE

Court: Supreme Court of Ohio

Date published: Apr 20, 2005

825 N.E.2d 157 (Ohio 2005)

825 N.E.2d 157

2005 Ohio 1651

Opinion

Case No. 2004-2152.

Submitted March 8, 2005.

Decided April 20, 2005.

APPEAL from the Court of Appeals for Cuyahoga County, No. 84292, 2004-Ohio-6111.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellant.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} 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, Pfeifer, Stratton, O'Connor and O'Donnell, JJ., concur.

Lanzinger, J., dissents.