State v. Tate

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[Cite as State v. Tate, 106 Ohio St.3d 455, 2005-Ohio-5511.] THE STATE OF OHIO, APPELLEE, v. TATE, APPELLANT. [Cite as State v. Tate, 106 Ohio St.3d 455, 2005-Ohio-5511.] Criminal law R.C. 2911.02 Robbery Court of appeals judgment reversed on the authority of State v. Thomas and cause remanded. (No. 2004-0963 Submitted September 21, 2005 Decided November 2, 2005.) APPEAL from the Court of Appeals for Cuyahoga County, No. 82871, 2004-Ohio-2007. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Thomas, 106 Ohio St.3d 133, 2005-Ohio-4106, 832 N.E.2d 1190, and the cause is remanded to the trial court for application of State v. Thomas. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL and LANZINGER, JJ., concur. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary McGrath, Assistant Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant. ______________________ 1

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