State v. Thomas

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[Cite as State v. Thomas, 2005-Ohio-5131.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 82674 STATE OF OHIO Plaintiff-Appellee vs. WILLIE THOMAS Defendant-Appellant DATE OF ANNOUNCEMENT OF DECISION CHARACTER OF PROCEEDINGS JUDGMENT DATE OF JOURNALIZATION : : : : : : : : : : : : : : : : : : : : : : : : JOURNAL ENTRY AND OPINION September 29, 2005 Criminal appeal from Common Pleas Court Case No. CR-429294 CONVICTION AND SENTENCE VACATED; REMANDED. APPEARANCES: For plaintiff-appellee For defendant-appellant WILLIAM D. MASON, ESQ. Cuyahoga County Prosecutor By: ERIC WEISS, ESQ. LISA REITZ WILLIAMSON, ESQ. Assistant County Prosecutors 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 ROBERT L. TOBIK, ESQ. Cuyahoga County Public Defender By: JOHN T. MARTIN, ESQ. Assistant Public Defender 1200 West Third Street 100 Lakeside Place Cleveland, Ohio 44113 [Cite as State v. Thomas, 2005-Ohio-5131.] SEAN C. GALLAGHER, J.: {¶1} Upon the decision of the Supreme Court of Ohio in State v. Thomas, 106 Ohio St.3d 133, 2005-Ohio-4106, Thomas s conviction and sentence are hereby vacated and the case is remanded to the trial court for further proceedings consistent with that opinion. Upon completion of that review and a final disposition of the case is rendered, the trial court should enter an order upon the docket and forward the final journal entry to the appropriate institution. [Cite as State v. Thomas, 2005-Ohio-5131.] This cause is vacated and remanded to the lower court for further proceedings consistent with this opinion. It is, therefore, considered that said appellant recover of said appellee costs herein. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. A constitute the mandate certified pursuant to copy of this Rule 27 of entry the shall Rules of Appellate Procedure. JAMES J. SWEENEY, P.J., AND CHRISTINE T. MCMONAGLE, J., CONCUR. SEAN C. GALLAGHER JUDGE N.B. This entry is an announcement of the court s decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court s decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the 5 journalization of this court s announcement of decision by the clerk per App.R. 22(E). 2(A)(1). See, also, S.Ct.Prac.R. II, Section

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