State v. Smith

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[Cite as State v. Smith, 105 Ohio St.3d 289, 2005-Ohio-1651.] THE STATE OF OHIO, APPELLANT, v. SMITH, APPELLEE. [Cite as State v. Smith, 105 Ohio St.3d 289, 2005-Ohio-1651.] Criminal law Postrelease control Court of appeals judgment reversed and cause remanded to trial court for resentencing consistent with State v. Jordan. (No. 2004-2152 Submitted March 8, 2005 Decided April 20, 2005.) APPEAL from the Court of Appeals for Cuyahoga County, No. 84292, 2004-Ohio-6111. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing consistent with State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. LANZINGER, J., dissents. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellant. ______________________ 1

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