State v. Maruna
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[Cite as State v. Maruna, 99 Ohio St.3d 475, 2003-Ohio-4168.] THE STATE OF OHIO, APPELLEE, v. MARUNA, APPELLANT. [Cite as State v. Maruna, 99 Ohio St.3d 475, 2003-Ohio-4168.] Criminal law Penalties and sentencing Discretionary appeal allowed Court of appeals judgment reversed and cause remanded for resentencing on authority of State v. Comer. (No. 2003-0741 Submitted July 8, 2003 Decided August 27, 2003.) APPEAL from the Court of Appeals for Summit County, No. 21214, 2003-Ohio1137. __________________ {ΒΆ1} The judgment of the court of appeals is reversed, and the cause is remanded for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER and O DONNELL, JJ., concur. O CONNOR, J., concurs in judgment based only on stare decisis. LUNDBERG STRATTON, J., dissents for the reasons stated in Judge Grady s dissenting opinion in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473. __________________ Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee. Paul F. Adamson, for appellant. __________________ 1
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