2006-Ohio-5083
No. 2006-1383.Supreme Court of Ohio.
October 4, 2006.
Franklin App. No. 05AP-517, 2006-Ohio-2552.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Memorandum Decision filed July 13, 2006:
“Whether the lack of objection in the trial court waives or forfeits the Blakely issue for purposes of appeal when the sentencing occurred after the Blakely decision was announced.”
RESNICK and LANZINGER, JJ., dissent.
The conflict case is State v. Miller, Montgomery App. No. 21054, 2006-Ohio-1138.
Sua sponte, cause consolidated with 2006-1245, State v. Payne, Franklin App. No. 05AP-517, 2006-Ohio-2552.