State v. Pierce

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[Cite as State v. Pierce, 120 Ohio St.3d 321, 2008-Ohio-6248.] THE STATE OF OHIO, APPELLEE, v. PIERCE, APPELLANT. [Cite as State v. Pierce, 120 Ohio St.3d 321, 2008-Ohio-6248.] Court of appeals judgment affirmed on the authority of State v. Ferguson. (No. 2007-1605 Submitted October 14, 2008 Decided December 9, 2008.) APPEAL from the Court of Appeals for Cuyahoga County, No. 88470, 2007-Ohio-3665. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Ferguson, 120 Ohio St.3d 7, 2008-Ohio-4824, 896 N.E.2d 110. MOYER, C.J., and O CONNOR, O'DONNELL, and CUPP, JJ., concur. PFEIFER, LUNDBERG STRATTON, and LANZINGER, JJ., dissent for the reasons stated in the dissenting opinion of LANZINGER, J., in State v. Ferguson. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath, Assistant Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant. ______________________ 1

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