State v. Freeman

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Freeman, Slip Opinion No. 2009-Ohio-6538.] 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. 2009-OHIO-6538 THE STATE OF OHIO, APPELLANT, v. FREEMAN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Freeman, Slip Opinion No. 2009-Ohio-6538.] Certified question answered, and court of appeals judgment reversed on the authority of State v. Lester. (No. 2009-1235 Submitted September 1, 2009 Decided December 17, 2009.) CERTIFIED by the Court of Appeals for Mahoning County, No. 08 MA 81, 2009-Ohio-3052. __________________ {¶ 1} This matter is before the court upon the certification of a conflict by the Court of Appeals for the Seventh Appellate District. The court determines that a conflict exists. {¶ 2} The certified question is answered by the court s opinion in State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038. The judgment of the court of appeals as to appellee s (appellant below) first assignment of error is reversed on the authority of State v. Lester. SUPREME COURT OF OHIO MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. LANZINGER, J., dissents. __________________ Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellant. William A. Freeman, pro se. ______________________ 2

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