State v. Bailey

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bailey, Slip Opinion No. 2010-Ohio-720.] 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-720 THE STATE OF OHIO, APPELLEE, v. BAILEY, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bailey, Slip Opinion No. 2010-Ohio-720.] Court of appeals judgment reversed on the authority of State v. Singleton. (No. 2007-1787 Submitted January 13, 2010 Decided March 4, 2010.) APPEAL from the Court of Appeals for Hamilton County, No. C-060918. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, 920 N.E.2d 958, to the extent that the court of appeals held that R.C. 2929.191 could be applied in this case. R.C. 2929.191 may not be applied to a sentence entered prior to July 11, 2006. MOYER, C.J., and PFEIFER, O CONNOR, O DONNELL, and CUPP, JJ., concur. LUNDBERG STRATTON and LANZINGER, JJ., dissent for the reasons stated in the dissenting opinion of LANZINGER, J., in State v. Singleton. __________________ SUPREME COURT OF OHIO Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellee. Christine Y. Jones, for appellant. ______________________ 2

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