State v. Palmer

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[Cite as State v. Palmer, 120 Ohio St.3d 322, 2008-Ohio-6251.] THE STATE OF OHIO, APPELLEE, v. PALMER, APPELLANT. [Cite as State v. Palmer, 120 Ohio St.3d 322, 2008-Ohio-6251.] Court of appeals judgment reversed in part on the authority of State v. Brown and cause remanded. (No. 2008-0232 Submitted November 19, 2008 Decided December 9, 2008.) APPEAL from the Court of Appeals for Hamilton County, No. C-060754, 2007-Ohio-6870. __________________ {¶ 1} The judgment of the court of appeals is reversed, on the authority of State v. Brown, 119 Ohio St.3d 447, 2008-Ohio-4569, 895 N.E.2d 149, as to the court of appeals' holding on appellant's fifth assignment of error below to the extent that the two counts of aggravated vehicular homicide in violation of former R.C. 2903.06(A)(1)(a) and (A)(2)(a) were held to not be allied offenses of similar import under R.C. 2941.25(A). The cause is remanded to the trial court for further proceedings consistent with State v. Brown. MOYER, C.J., and PFEIFER, LUNDBERG O'DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Herbert J. Haas, for appellant. ______________________ 1 STRATTON, O CONNOR,

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