State v. Reed

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Reed, Slip Opinion No. 2020-Ohio-5172.] 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. 2020-OHIO-5172 THE STATE OF OHIO, APPELLANT, v. REED, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Reed, Slip Opinion No. 2020-Ohio-5172.] Court of appeals’ judgment reversed on the authority of State v. Harper and State v. Henderson. (No. 2019-1510 Submitted October 27, 2020 Decided November 10, 2020.) APPEAL from the Court of Appeals for Cuyahoga County, No. 108498, 2019-Ohio-4471. _________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Harper, __ Ohio St.3d __, 2020-Ohio-2913, __ N.E.3d __, and State v. Henderson, __ Ohio St.3d __, 2020-Ohio-4784, __ N.E.3d __. O’CONNOR, C.J., and KENNEDY, FRENCH, FISCHER, DEWINE, DONNELLY, and STEWART, JJ., concur. _________________ SUPREME COURT OF OHIO Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Frank Romeo Zeleznikar and Katherine Elizabeth Mullin, Assistant Prosecuting Attorneys, for appellant. Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee, Samuel Reed Jr. Dave Yost, Attorney General, Benjamin M. Flowers, Solicitor General, and Zachery P. Keller, Deputy Solicitor General, urging reversal for amicus curiae, Attorney General Dave Yost. _________________ 2

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