State v. Barnhouse

Ohio Supreme Court
State v. Barnhouse, 98 Ohio St. 3d 1560 (Ohio 2003)
787 N.E.2d 1227
Resnick, Sweeney

State v. Barnhouse

Opinion of the Court

Athens App. No. 02CA22, 2002-Ohio-7082. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of *1561appeals’ Judgment Entry filed February 12, 2003:

“On December 30, 2002, appellant filed a motion pursuant to App.R. 25(A) and asked us to certify a conflict between our decision in the case sub judiee and the decision in [State v.] Lehman [(Feb. 4, 2000), Lucas App. No. L-99-1140, 2000 WL 125795], Appellant’s motion is well taken. We find these two cases are in conflict and that conflict is on the question of whether a trial court may impose consecutive six-month sentences under R.C. 2929.16(A)(1) for multiple offenses.”

F.E. Sweeney, J., dissents. Resnick, J., not participating.

Sua sponte, cause consolidated with 2003-0249, State v. Barnhouse, Athens App. No. 02CA22, 2002-Ohio-7082.

Reference

Status
Published