State v. Hammond

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Hammond, Slip Opinion No. 2010-Ohio-1423.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-1423 THE STATE OF OHIO, APPELLEE, v. HAMMOND, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Hammond, Slip Opinion No. 2010-Ohio-1423.] Court of appeals’ judgment affirmed in part and reversed in part on the authority of State v. Williams, and judgment of the trial court reinstated. (No. 2009-1302 — Submitted March 31, 2010 — Decided April 7, 2010.) APPEAL from the Court of Appeals for Hamilton County, No. C-080394. __________________ {¶ 1} The judgment of the court of appeals holding that appellant may be convicted of one count of attempted murder is affirmed, and the judgment of the court of appeals holding that appellant may not be convicted of two counts of felonious assault is reversed, on the authority of State v. Williams, 124 Ohio St.3d 381, 2010-Ohio-147, 922 N.E.2d 937. reinstated. The judgment of the trial court is SUPREME COURT OF OHIO MOYER, C.J.,1 and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and CUPP, JJ., concur. PFEIFER and LANZINGER, JJ., dissent and would affirm the judgment of the court of appeals. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Judith Anton Lapp, Assistant Prosecuting Attorney, for appellee. Bruce K. Hust, for appellant. ______________________ 1. The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death. 2