State v. Webb

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[Cite as State v. Webb, 113 Ohio St.3d 254, 2007-Ohio-1789.] THE STATE OF OHIO, APPELLANT, v. WEBB, APPELLEE. [Cite as State v. Webb, 113 Ohio St.3d 254, 2007-Ohio-1789.] Criminal law Sentencing Court of appeals judgment reversed and cause remanded for further proceedings consistent with State v. Saxon and State v. Evans. (No. 2005-1693 Submitted April 4, 2007 Decided May 2, 2007.) APPEAL from the Court of Appeals for Cuyahoga County, No. 85318, 2005-Ohio-3839. __________________ {ΒΆ1} The judgment of the court of appeals ordering a complete resentencing hearing is reversed on the authority of 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, 2007-Ohio-861, 863 N.E.2d 113, and the cause is remanded to the trial court for the purpose of vacating the portions of appellee's sentence that pertain to the convictions previously vacated by the court of appeals. 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 appellant. ______________________ 1

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