State v. Foster ( 2008 )


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  • {¶ 1} The certified question is answered in the affirmative and the judgment of the court of appeals is affirmed on the authority of State v. Cabrales, 118 Ohio St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181, but the cause is remanded to the trial court for further proceedings not inconsistent with State v. Cabrales, including a determination as to whether the trafficking and possession offenses were committed with a separate animus under R.C. 2941.25(B).

    Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Lanzinger, J., not participating.

Document Info

Docket Number: No. 2007-1585

Judges: Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton

Filed Date: 6/4/2008

Precedential Status: Precedential

Modified Date: 11/12/2024