State v. Townsend
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[Cite as State v. Townsend, 100 Ohio St.3d 246, 2003-Ohio-5758.] THE STATE OF OHIO, APPELLEE, v. TOWNSEND, APPELLANT. [Cite as State v. Townsend, 100 Ohio St.3d 246, 2003-Ohio-5758.] Discretionary appeal allowed Court of appeals judgment reversed and cause remanded to trial court to apply State v. Comer. (No. 2003-1241 Submitted September 23, 2003 Decided November 12, 2003.) APPEAL from the Court of Appeals for Lucas County, No. L-02-1232, 2003-Ohio2913. __________________ {¶1} The discretionary appeal is allowed. {¶2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply State v. Comer, 99 Ohio St.3d 463, 2003Ohio-4165, 793 N.E.2d 473. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, O CONNOR and O DONNELL, JJ., concur. LUNDBERG STRATTON, J., dissents. __________________ LUNDBERG STRATTON, J., dissenting. {¶3} For the reasons expressed in Judge Grady s dissent in State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473, ¶ 28-39, I respectfully dissent. __________________ Peter J. Wagner and Andy P. Hart, for appellant. __________________ 1
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