State v. WallsState v. Walls
{¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted on Proposition of Law No. I. The judgment of the court of appeals is reversed as to its holding on the second assignment of error below on the authority of State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, 920 N.E.2d 958, and the cause is remanded to the trial court for further proceedings consistent with State v. Singleton.
LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, and CUPP, JJ., concur.
PFEIFER, ACTING C.J., and LANZINGER, J., dissent and would deny the motion for reconsideration.
The late CHIEF JUSTICE THOMAS J. MOYER did not participate in the decision in this case.
William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellee.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.