2005-Ohio-5131
No. 82674.Court of Appeals of Ohio, Eighth District, Cuyahoga County.
September 29, 2005.
Criminal appeal from Common Pleas Court Case No. CR-429294.
Conviction and sentence vacated; remanded.
William D. Mason, Esq., Cuyahoga County Prosecutor, Eric Weiss, Esq., Lisa Reitz Williamson, Esq., Assistant County Prosecutors, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, for plaintiff-appellee.
Robert L. Tobik, Esq., Cuyahoga County Public Defender, John T. Martin, Esq., Assistant Public Defender, 1200 West Third Street, 100 Lakeside Place, Cleveland, Ohio 44113, for defendant-appellant.
JOURNAL ENTRY AND OPINION
SEAN C. GALLAGHER, J.:
{¶ 1} Upon the decision of the Supreme Court of Ohio in State v. Thomas, 106 Ohio St.3d 133, 2005-Ohio-4106, Thomas’s conviction and sentence are hereby vacated and the case is remanded to the trial court for further proceedings consistent with that opinion. Upon completion of that review and a final disposition of the case is rendered, the trial court should enter an order upon the docket and forward the final journal entry to the appropriate institution.
This cause is vacated and remanded to the lower court for further proceedings consistent with this opinion.
It is, therefore, considered that said appellant recover of said appellee costs herein.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Sweeney, P.J., and McMonagle, J., Concur.