Summary
In Palmer, the District Court held that the petitioner had fairly presented allied offenses as a federal constitutional issue because he cited Ohio case law that employed federal constitutional analysis.
Summary of this case from Gaines v. Warden, Mansfield Correctional InstitutionOpinion
No. 2008-0232.
Submitted November 19, 2008.
Decided December 9, 2008.
APPEAL from the Court of Appeals for Hamilton County, No. C-060754, 2007-Ohio-6870.
Herbert J. Haas, for appellant.
{¶ 1} The judgment of the court of appeals is reversed, on the authority of State v. Brown, 119 Ohio St.3d 447, 2008-Ohio-4569, 895 N.E.2d 149, as to the court of appeals' holding on appellant's fifth assignment of error below to the extent that the two counts of aggravated vehicular homicide in violation of former R.C. 2903.06(A)(1)(a) and (A)(2)(a) were held to not be allied offenses of similar import under R.C. 2941.25(A). The cause is remanded to the trial court for further proceedings consistent with State v. Brown.
MOYER, C.J., AND PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.