State v. Davis

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[Cite as State v. Davis, 119 Ohio St.3d 113, 2008-Ohio-3879.] THE STATE OF OHIO, APPELLEE, v. DAVIS, APPELLANT. [Cite as State v. Davis, 119 Ohio St.3d 113, 2008-Ohio-3879.] Discretionary appeal accepted, judgment of the court of appeals reversed, and cause remanded to the trial court for further proceedings consistent with State v. Colon. (No. 2007-2424 Submitted April 23, 2008 Decided August 7, 2008.) APPEAL from the Court of Appeals for Cuyahoga County, No. 88895, 2007-Ohio-5843. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law Nos. I and II. {¶ 2} The judgment of the court of appeals is reversed as to the court of appeals' holding on appellant's fourth assignment of error below on the authority of State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624, 885 N.E.2d 917, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Robert L. Tobik, Cuyahoga County Public Defender, and Paul A. Kuzmins, Assistant Public Defender, for appellant. __________________

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