State v. Rucker

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Rucker, Slip Opinion No. 2012-Ohio-5633.] SLIP OPINION NO. 2012-OHIO-5633 STATE v. RUCKER. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Rucker, Slip Opinion No. 2012-Ohio-5633.] (Nos. 2012-1097 and 2012-1218 Submitted December 5, 2012 Decided December 6, 2012.) APPEAL from and CERTIFIED by the Court of Appeals of Summit County, No. 26212, 2012-Ohio-2176. _______________ {¶ 1} The judgment of the court of appeals is affirmed in part and reversed in part on the authority of State v. Moore, ___ Ohio St.3d ___, 2012Ohio-5479, ___ N.E.2d ___. The cause is remanded to the trial court for resentencing regarding the mandatory fine. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for Appellee. Dewitt Rucker, pro se. __________________________

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