State v. Fuller

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[Cite as State v. Fuller, 121 Ohio St.3d 137, 2009-Ohio-722.] THE STATE OF OHIO, APPELLANT, v. FULLER, APPELLEE. [Cite as State v. Fuller, 121 Ohio St.3d 137, 2009-Ohio-722.] Discretionary appeal accepted and judgment of the court of appeals reversed on the authority of Morgan v. Eads. (No. 2008-2125 Submitted February 3, 2009 Decided February 24, 2009.) APPEAL from the Court of Appeals for Hamilton County, No. C-070900, 2008-Ohio-4721. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed on the authority of Morgan v. Eads, 104 Ohio St.3d 142, 2004-Ohio-6110, 818 N.E.2d 1157. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. PFEIFER and LANZINGER, JJ., dissent. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for appellant. ______________________

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