Opinion
NO. 2014-1062
09-03-2014
State v. Polus
MOTION AND PROCEDURAL RULING.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated on page 11 of the court of appeals' journal entry filed May 30, 2014:
"Whether a trial court may impose consecutive sentences for felony and misdemeanor convictions under R.C. 2929.41(B)(1)."
LANZINGER, J., dissents.
The conflict cases are State v. Vanmeter, 5th Dist. Fairfield No. 2011-0032, 2011-Ohio-6110, State v. Varney, 5th Dist. Perry No. 13 CA 00002, 2014-Ohio-193, and State v. Barker, 8th Dist. Cuyahoga No. 99320, 2013-Ohio-4038.
O'CONNOR, C.J., determines that the cause conflicts only with State v. Varney, 5th Dist. Perry No. 13 CA 00002, 2014-Ohio-193, and State v. Barker, 8th Dist. Cuyahoga No. 99320, 2013-Ohio-4038.
FRENCH, J., determines that the cause conflicts only with State v. Varney, 5th Dist. Perry No. 13 CA 00002, 2014-Ohio-193.