State v. Stewart

Franklin App. No. 11AP-787, 2012-Ohio-4500. On motion to consolidate with case No. 2012-1941, State v. Stewart, Franklin App. No. 11AP-787, 2012-Ohio-4500. Motion granted. Discretionary appeal accepted. The judgment of the court of appeals is reversed, and this cause is remanded for application of State v. Howard, 134 Ohio St.3d 467, 2012-Ohio-5738, 983 N.E.2d 341, and State v. Brwnning, 134 Ohio St.3d 438, 2012-Ohio-5752, 983 N.E.2d 316.

O’Connor, C.J., and Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

Pfeifer, J., dissents.

O’Donnell, J., would accept the appeal on Proposition of Law No. I and hold the cause for the decision in 2012-0415 and 2012-0416, State v. Forrest, Franklin App. No. 11AP-291, 2012-Ohio-280.