State v. Horner

123 Ohio St. 3d 1416
Ohio Supreme Court·Decided October 13, 2009·No. 2009-0311·Published

Opinion

Lucas App. No. L-07-1224, 2008-Ohio-6169. This cause is pending before the court on the certification of a conflict by the Court of Appeals for Lucas County.

It is ordered by the court, sua sponte, that this cause is no longer held for the decision in State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038. The parties are to brief the question certified by the court of appeals, as follows:

“Whether the holdings of State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624, and State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, are applicable to the offense of aggravated robbery in violation of R.C. 2911.01(A)(3) or only to the offense of robbery, a violation of R.C. 2911.02(A)(2).”

It is ordered by the court that the Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Lucas County.

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State v. Horner, 123 Ohio St. 3d 1416 (Ohio 2009).

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Related

State v. Lester
2009 Ohio 4225 (Ohio Supreme Court, 2009)
State v. Horner, L-07-1224 (11-26-2008)
2008 Ohio 6169 (Ohio Court of Appeals, 2008)
State v. Colon
885 N.E.2d 917 (Ohio Supreme Court, 2008)
State v. Colon
893 N.E.2d 169 (Ohio Supreme Court, 2008)