State v. Hawkins ( 2004 )

[Cite as State v. Hawkins, 104 Ohio St. 3d 582 2004-Ohio-7124.]
THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. HAWKINS,
APPELLANT AND CROSS-APPELLEE.
[Cite as State v. Hawkins, 104 Ohio St. 3d 582, 2004-Ohio-7124.]
Criminal law — Court of appeals’ judgment reversed and cause remanded for
application of State v. Leach.
(No. 2004-1299 — Submitted December 14, 2004 — Decided December 30,
2004.)
APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No.
82465, 2004-Ohio-855.
__________________
{¶ 1} The discretionary appeal is accepted on Proposition of Law No. II.
{¶ 2} The cross-appeal is not accepted.
{¶ 3} The judgment of the court of appeals is reversed and the cause is
remanded for application of State v. Leach, 102 Ohio St. 3d 135, 2004-Ohio-2147,
807 N.E.2d 335.
MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON and O’DONNELL,
JJ., concur.
F.E. SWEENEY and O’CONNOR, JJ., dissent.
__________________
William D. Mason, Cuyahoga County Prosecuting Attorney, Lisa Reitz
Williamson and Brian Mooney, Assistant Prosecuting Attorneys, for appellee and
cross-appellant.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin,
Assistant Public Defender, for appellant and cross-appellee.
__________________