State v. Petty , 121 Ohio St. 3d 607 ( 2009 )

[Cite as State v. Petty, 121 Ohio St.3d 607, 2009-Ohio-1906.]
THE STATE OF OHIO, APPELLEE, v. PETTY, APPELLANT.
[Cite as State v. Petty, 121 Ohio St.3d 607, 2009-Ohio-1906.]
Discretionary appeal accepted, judgment of the court of appeals reversed in part,
and cause remanded to the trial court for resentencing consistent with
State v. Bezak.
(No. 2009-0132 — Submitted March 24, 2009 — Decided April 29, 2009.)
APPEAL from the Court of Appeals for Richland County,
No. 2007CA00050, 2008-Ohio-5962.
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{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.
{¶ 2} The judgment of the court of appeals is reversed as to its ruling on
appellant's eleventh assignment of error below, and the cause is remanded to the
trial court for resentencing consistent with State v. Bezak, 114 Ohio St.3d 94,
2007-Ohio-3250, 868 N.E.2d 961.
MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and
CUPP, JJ., concur.
PFEIFER and LANZINGER, JJ., dissent and would not accept the appeal.
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James J. Mayer Jr., Richland County Prosecuting Attorney, and Kirsten
Pscholka-Gartner, Assistant Prosecuting Attorney, for appellee.
Shaw & Miller and Mark J. Miller, for appellant.
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