State v. Owens
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[Cite as State v. Owens, 121 Ohio St.3d 83, 2009-Ohio-505.] THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. OWENS, APPELLEE AND CROSS-APPELLANT. [Cite as State v. Owens, 121 Ohio St.3d 83, 2009-Ohio-505.] Discretionary appeal accepted, judgment of the court of appeals reversed, and cause remanded to the trial court for further proceedings consistent with State v. Colon. (No. 2008-1759 Submitted January 13, 2009 Decided February 11, 2009.) APPEAL from the Court of Appeals for Cuyahoga County, No. 89948, 2008-Ohio-3555. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. The discretionary cross-appeal is not accepted. {¶ 2} The judgment of the court of appeals is reversed as to the court of appeals' holding of structural error on appellee and cross-appellant's second assignment of error below on the authority of State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. PFEIFER and LANZINGER, JJ., dissent. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, for appellant and cross-appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellee and cross-appellant. ______________________
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