State v. Bell (Slip Opinion)

Ohio Supreme Court

State v. Bell (Slip Opinion)

2016 Ohio 7560

CourtOhio Supreme Court

DecidedNovember 2, 2016

Docket2015-1893

StatusPublished

Cited by1 cases

This text of 2016 Ohio 7560 (State v. Bell (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Bell (Slip Opinion), 2016 Ohio 7560 (Ohio 2016).

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bell, Slip Opinion No. 2016-Ohio-7560.]

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. 2016-OHIO-7560 THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. BELL, APPELLANT AND CROSS-APPELLEE.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bell, Slip Opinion No. 2016-Ohio-7560.] Criminal law—Due process—Preindictment delay—Sentencing—2011 Am.Sub.H.B. No. 86—Judgment affirmed on the authority of State v. Jones and State v. Thomas. (No. 2015-1893—Submitted October 11, 2016—Decided November 2, 2016.) APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 102141, 2015-Ohio-4178. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Jones, ___ Ohio St.3d ___, 2016-Ohio-5105, ___ N.E.3d ___, with respect to the issues raised in the appeal, and on the authority of State v. Thomas, ___ Ohio St.3d ___, 2016-Ohio-5567, ___ N.E.3d ___, with respect to the issues raised in the cross-appeal. SUPREME COURT OF OHIO

O’CONNOR, C.J., and PFEIFER, LANZINGER, FRENCH, and O’NEILL, JJ., concur. O’DONNELL and KENNEDY, JJ., concur with respect to the appeal, dissent with respect to the cross-appeal, and would reinstate the sentence imposed by the trial court. _________________ Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellee and cross-appellant. Robert L. Tobik, Cuyahoga County Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellant and cross-appellee. _________________

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bell, Slip Opinion No. 2016-Ohio-7560.]

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. 2016-OHIO-7560 THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. BELL, APPELLANT AND CROSS-APPELLEE.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Bell, Slip Opinion No. 2016-Ohio-7560.] Criminal law—Due process—Preindictment delay—Sentencing—2011 Am.Sub.H.B. No. 86—Judgment affirmed on the authority of State v. Jones and State v. Thomas. (No. 2015-1893—Submitted October 11, 2016—Decided November 2, 2016.) APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 102141, 2015-Ohio-4178. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Jones, ___ Ohio St.3d ___, 2016-Ohio-5105, ___ N.E.3d ___, with respect to the issues raised in the appeal, and on the authority of State v. Thomas, ___ Ohio St.3d ___, 2016-Ohio-5567, ___ N.E.3d ___, with respect to the issues raised in the cross-appeal. SUPREME COURT OF OHIO

O’CONNOR, C.J., and PFEIFER, LANZINGER, FRENCH, and O’NEILL, JJ., concur. O’DONNELL and KENNEDY, JJ., concur with respect to the appeal, dissent with respect to the cross-appeal, and would reinstate the sentence imposed by the trial court. _________________ Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellee and cross-appellant. Robert L. Tobik, Cuyahoga County Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellant and cross-appellee. _________________

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