Opinion
NO. 2012-2136
2013-02-20
State v. Taylor
MOTION AND PROCEDURAL RULINGS
Summit App. No. 26279, 2012-Ohio-5403. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' entry filed December 17, 2012:
“A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]”
The conflict cases are State v. Gillespie, 5th Dist. No. 2012–CA–6, 2012-Ohio-3485, and State v. David, 5th Dist. No. 11–CA–110, 2012-Ohio-3984.
O'Donnell, J., dissents.