State v. Moore
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[Cite as State v. Moore, 113 Ohio St.3d 254, 2007-Ohio-1788.] THE STATE OF OHIO, APPELLEE, v. MOORE, APPELLANT. [Cite as State v. Moore, 113 Ohio St.3d 254, 2007-Ohio-1788.] Criminal law Sentencing Court of appeals judgment affirmed and cause remanded for resentencing in accordance with State v. Foster, State v. Mathis, State v. Saxon, and State v. Evans. (No. 2005-0266 Submitted April 4, 2007 Decided May 2, 2007.) APPEAL from the Court of Appeals for Cuyahoga County, No. 83703, 2004-Ohio-6303. __________________ {ΒΆ1} The judgment of the court of appeals is affirmed, and the cause is remanded to the trial court for resentencing in accordance with State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470; State v. Mathis, 109 Ohio St.3d 54, 2006-Ohio-855, 846 N.E.2d 1; State v. Saxon, 109 Ohio St.3d 176, 2006-Ohio-1245, 846 N.E.2d 824; and State v. Evans, 113 Ohio St.3d 100, 2007Ohio-861, 863 N.E.2d 113. MOYER, C.J., LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER and CUPP, JJ., concur. PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State v. Evans, 113 Ohio St.3d 100, 2007-Ohio-861, 863 N.E.2d 113. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellee. Paul Mancino Jr., for appellee. ______________________ 1
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