Tuesday, Dec. 22, 2009
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2008-1255. State v. Singleton, Slip Opinion No. 2009-Ohio-6434.
Cuyahoga App. No. 90042, 2008-Ohio-2351. Judgment affirmed.
O'Donnell and Cupp, JJ., concur.
Moyer, C.J., and Pfeifer and O'Connor, JJ., concur in the judgment, paragraph one of the syllabus, and the portion of the opinion addressing the retrospective application of R.C. 2929.191 but dissent as to paragraph two of the syllabus and the portion of the opinion addressing the prospective application of R.C. 2929.191.
Lundberg Stratton and Lanzinger, JJ., concur in paragraph two of the syllabus but dissent from the judgment and paragraph one of the syllabus and would instead reverse the judgment of the court of appeals and hold that R.C. 2929.191also applies retrospectively.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6434.pdf
Summary: Court Clarifies Requirements for Re-Sentencing Offender
When Post-Release Control Not Properly Imposed
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