State v. Brooks

Dec 10, 2009
2009-1516
Reporters:
, ,
Before:
Moyer, Lundberg Stratton, O’Connor, O’Donnell, Cupp, Pfeifer, Lanzinger

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply State v. Brewer, 121 Ohio St.3d 202, 2009-Ohio-593, 903 N.E.2d 284.

MOYER, C.J., and LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, and CUPP, JJ., concur.

PFEIFER and LANZINGER, JJ., dissent.