State v. Hawkins

[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. __________________