State v. Brooks

Ohio Supreme Court

State v. Brooks

2009 Ohio 6409, 919 N.E.2d 211, 124 Ohio St. 3d 99

Ohio Supreme Court·Decided December 10, 2009·No. 2009-1516·Published

Opinion

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply State v. Brewer, 121 Ohio St.3d 202, 2009-Ohio-593, 903 N.E.2d 284.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. *100 William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath and Brian M. McDonough, Assistant Prosecuting Attorneys, for appellant.

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{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply State v. Brewer, 121 Ohio St.3d 202, 2009-Ohio-593, 903 N.E.2d 284.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent. *100 William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary H. McGrath and Brian M. McDonough, Assistant Prosecuting Attorneys, for appellant.

State v. Brooks, 2009 Ohio 6409, 919 N.E.2d 211, 124 Ohio St. 3d 99 (Ohio 2009).

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Opinion

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