State v. Lozada

Jul 21, 2020
2019-1250
Versions:

Judgment reversed on the authority of State v. Miller and cause remanded.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Miller, 159 Ohio St.3d 447, 2020-Ohio-1420, 151 N.E.3d 617, and the cause is remanded to the court of appeals for consideration of appellee Ricardo Lozada‘s remaining assignments of error.

O‘CONNOR, C.J., and KENNEDY, FISCHER, DEWINE, and STEWART, JJ., concur.

FRENCH and DONNELLY, JJ., would instruct the court of appeals to apply Miller on remand.

Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and Gregory Ochocki, Assistant Prosecuting Attorney, for appellant.

Patituce & Associates, L.L.C., Joseph C. Patituce, Megan M. Patituce, and C. Adam Carro, for appellee.