Opinion
No. 10AP-640.
Rendered on March 24, 2011. REGULAR CALENDAR
APPEAL from the Franklin County Court of Common Pleas, C.P.C. No. 09MS-04-176.
Yeura R. Venters, Public Defender, and David L. Strait, for appellant.
Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.
DECISION
{¶ 1} Douglas E. Powell is appealing from the dismissal of his reclassification petition. He assigns a single error for our consideration:
The trial court erred in dismissing Appellant's reclassification petition as moot in lieu of granting judgment in his favor, following the decision of the Ohio Supreme Court in State v. Bodyke, [126] Ohio St.3d [266], 2010-Ohio-2424.
{¶ 2} This appellate court has addressed this precise issue in several cases recently, especially Cook v. State of Ohio, 10th Dist. No. 10AP-641, 2011-Ohio-906. We have determined that because the Supreme Court of Ohio did not dismiss the many cases pending before it at the time it decided State v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424, the Supreme Court did not intend to nullify the petition process as to cases pending when Bodyke was decided and found that R.C. 2950.031(E) and 2950.032(E) should be severed from the statutes regarding reclassifications. We will follow the Cook case in appellant's case also.
{¶ 3} The sole assignment of error is sustained. The case is remanded to the trial court with instructions to grant the reclassification petition of Douglas E. Powell.
Judgment reversed and remanded with instructions.
BRYANT, P.J., and CONNOR, J., concur.