State v. Petty

2009 Ohio 1906, 121 Ohio St. 3d 607

Opinion

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.

{¶2} The judgment of the court of appeals is reversed as to its ruling on appellant’s eleventh assignment of error below, and the cause is remanded to the trial court for resentencing consistent with State v. Bezak, 114 Ohio St.3d 94, 2007-Ohio-3250, 868 N.E.2d 961.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Pfeifer and Lanzinger, JJ., dissent and would not accept the appeal. James J. Mayer Jr., Richland County Prosecuting Attorney, and Kirsten Pscholka-Gartner, Assistant Prosecuting Attorney, for appellee. Shaw & Miller and Mark J. Miller, for appellant.