State v. Fleming (Slip Opinion), Slip Opinion No. 2008-Ohio-2543
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Court of appeals’ judgment reversed on the authority of State v. Cabrales and cause remanded.
Summary
Court of appeals’ judgment reversed on the authority of State v. Cabrales and cause remanded.
Text
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Fleming, Slip Opinion No. 2008-Ohio-2543.]
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. 2008-OHIO-2543 THE STATE OF OHIO, APPELLEE, v. FLEMING, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Fleming, Slip Opinion No. 2008-Ohio-2543.] Court of appeals' judgment reversed on the authority of State v. Cabrales and cause remanded.
(No. 2007-1648 -- Submitted April 23, 2008 -- Decided June 4, 2008.)
APPEAL from the Court of Appeals for Cuyahoga County, No. 88442, 2007-Ohio- 3645.
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The judgment of the court of appeals is reversed as to the court of appeals' holding on appellant's fifth assignment of error below on the authority of State v. Cabrales, 118 Ohio St.3d 54, 2008-Ohio-1625, ___ N.E.2d ___. The cause is remanded to the trial court for further proceedings consistent with State v.
Cabrales, including a determination as to whether the offenses were committed with a separate animus under R.C. 2941.25(B).
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.
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Robert L. Tobik, Cuyahoga County Public Defender, and Robert M.
Ingersoll, Assistant Public Defender, for appellant.
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