STATE v. HAMMOND, 124 Ohio St.3d 561 (2009)

2010-Ohio-1423, 925 N.E.2d 137

THE STATE OF OHIO, APPELLEE, v. HAMMOND, APPELLANT.

No. 2009-1302.Supreme Court of Ohio.Submitted March 31, 2010.
Decided April 7, 2010.

APPEAL from the Court of Appeals for Hamilton County, No. C-080394.

{¶ 1} The judgment of the court of appeals holding that appellant may be convicted of one count of attempted murder is affirmed, and the judgment of the court of appeals holding that appellant may not be convicted of two counts of felonious assault is reversed, on the authority o State v. Williams,

Page 562

124 Ohio St.3d 381, 2010-Ohio-147, 922 N.E.2d 937. The judgment of the trial court is reinstated.

MOYER, C.J., [1] and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and CUPP, JJ., concur.

[1] The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death.

PFEIFER and LANZINGER, JJ., dissent and would affirm the judgment of the court of appeals.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Judith Anton Lapp, Assistant Prosecuting Attorney, for appellee.

Bruce K. Hust, for appellant.