Franklin Cty. Pros. Atty. v. Walker

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[Cite as Franklin Cty. Pros. Atty. v. Walker, 117 Ohio St.3d 537, 2008-Ohio-1589.] FRANKLIN COUNTY PROSECUTING ATTORNEY, APPELLEE, v. WALKER, APPELLANT. [Cite as Franklin Cty. Pros. Atty. v. Walker, 117 Ohio St.3d 537, 2008-Ohio-1589.] Court of appeals’ judgment reversed on the authority of Hyle v. Porter. (No. 2007-2121 — Submitted March 12, 2008 — Decided April 9, 2008.) APPEAL from the Court of Appeals for Franklin County, No. 07AP-165, 2007-Ohio-5095. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. {¶ 2} The judgment of the court of appeals is reversed on the authority of Hyle v. Porter, 117 Ohio St.3d 165, 2008-Ohio-542, 882 N.E.2d 899. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, LANZINGER, and CUPP, JJ., concur. O’DONNELL, J., dissents. __________________ Ron O’Brien, Franklin County Prosecuting Attorney, and Tracie M. Boyd, Assistant Prosecuting Attorney, for appellee. Shaw & Miller and Mark J. Miller, for appellant. ______________________ 1