[This opinion has been published in Ohio Official Reports at 86 Ohio St.3d 618.]

THE STATE OF OHIO, APPELLANT, v. LIVINGSTON, APPELLEE. [Cite as State v. Livingston, 1999-Ohio-211.]

Criminal law—Where single indictment contains felony and misdemeanor counts, speedy-trial provisions in R.C. 2945.71(B) must be applied to the misdemeanor counts—Court of appeals’ judgment affirmed on authority of State v. Hughes. (No. 99-243—Submitted August 25, 1999—Decided September 29, 1999.)

APPEAL from the Court of Appeals for Hamilton County, No. C-980301. __________________ Michael K. Allen, Hamilton County Prosecuting Attorney, and Tina I. Ernst, Assistant Prosecuting Attorney, for appellant.

Kenneth L. Lawson & Associates and Kenneth L. Lawson, for appellee. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Hughes (1999), 86 Ohio St.3d 424, 715 N.E.2d 540.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

LUNDBERG STRATTON, J., dissents. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I respectfully dissent from the majority’s judgment for the reasons set forth in my dissent in State v. Hughes (1999), 86 Ohio St.3d 424, 715 N.E.2d 540. __________________