State v. Cody

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[Cite as State v. Cody, 118 Ohio St.3d 366, 2008-Ohio-2701.] THE STATE OF OHIO, APPELLEE, v. CODY, APPELLANT. [Cite as State v. Cody, 118 Ohio St.3d 366, 2008-Ohio-2701.] Discretionary appeal accepted and cause remanded for application of State v. Cabrales. (No. 2008-0266 Submitted April 22, 2008 Decided June 11, 2008.) APPEAL from the Court of Appeals for Franklin County, No. 07AP-142, 2007-Ohio-6776. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} Because the court of appeals entered its judgment on appellant's fifth assignment of error below prior to the release by this court of its opinion in State v. Cabrales, 118 Ohio St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181, this cause is remanded to the court of appeals for consideration of whether the court of appeals' judgment should be modified in view of our opinion in State v. Cabrales. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Ron O Brien, Franklin County Prosecuting Attorney, and Jennifer L. Maloon, Assistant Prosecuting Attorney, for appellee. Stephen Dehnart, for appellant. ______________________

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