State v. Meador

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Meador, Slip Opinion No. 2009-Ohio-5861.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-5861 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. MEADOR, APPELLEE AND CROSS-APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Meador, Slip Opinion No. 2009-Ohio-5861.] Discretionary cross-appeal accepted and cause remanded to the court of appeals for consideration of an assignment of error. (No. 2009-0884 Submitted October 20, 2009 Decided November 10, 2009.) APPEAL from the Court of Appeals for Warren County, No. CA2008-03-042, 2009-Ohio-2195. __________________ {¶ 1} The discretionary appeal is not accepted. {¶ 2} The discretionary cross-appeal is accepted. {¶ 3} The judgment of the court of appeals holding as moot the assignment of error in which appellant below challenged the sufficiency of the evidence is reversed, and the cause is remanded to the court of appeals for consideration of that assignment of error. SUPREME COURT OF OHIO MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Rachel A. Hutzel, Warren County Prosecuting Attorney, and Michael Greer, Assistant Prosecuting Attorney, for appellant and cross-appellee. Fred S. Miller; and Repper, Pagan & Cook, Ltd., and Christopher J. Pagan, for appellee and cross-appellant. ______________________ 2

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