State v. Tuttle

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[Cite as State v. Tuttle, 104 Ohio St.3d 242, 2004-Ohio-6392.] THE STATE OF OHIO, APPELLANT, v. TUTTLE, APPELLEE. [Cite as State v. Tuttle, 104 Ohio St.3d 242, 2004-Ohio-6392.] Criminal law Prosecution for escape Court of appeals judgment reversed and cause remanded on the authority of State v. Thompson. (No. 2003-0573 Submitted November 30, 2004 Decided December 8, 2004.) APPEAL from the Court of Appeals for Cuyahoga County, No. 80775, 2003-Ohio419. __________________ {ΒΆ1} The judgment of the court of appeals is reversed on the authority of State v. Thompson, 102 Ohio St.3d 287, 2004-Ohio-2946, 809 N.E.2d 1134, and the cause is remanded to the court of appeals for consideration of appellant s remaining assignments of error and further action not inconsistent with State v. Thompson. MOYER, C.J., RESNICK, LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. F.E. SWEENEY and PFEIFER, JJ., dissent. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and Jon W. Oebker, Assistant Prosecuting Attorney, for appellant. Richard Agopian, for appellee. ____________________

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