State v. Palmer

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Palmer, Slip Opinion No. 2010-Ohio-224.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-224 THE STATE OF OHIO, APPELLANT, v. PALMER, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Palmer, Slip Opinion No. 2010-Ohio-224.] Court of appeals judgment vacated, and cause remanded to the trial court for resentencing. (No. 2008-2047 Submitted January 13, 2010 Decided February 2, 2010.) APPEAL from the Court of Appeals for Hamilton County, No. C-010583, 178 Ohio App.3d 192, 2008-Ohio-4604. __________________ {¶ 1} The judgment of the court of appeals is vacated. The cause is remanded to the trial court for resentencing.1 MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. 1. Appellee s motion to dismiss the appeal as having been improvidently granted, filed after oral argument, is denied as moot. SUPREME COURT OF OHIO PFEIFER and LANZINGER, JJ., dissent and would dismiss the appeal as having been improvidently accepted. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for appellant. Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee. ______________________ 2

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