2001 OHIO 1329 - State v. Acklin

[This decision has been published in Ohio Official Reports at

93 Ohio St.3d 213

.]




             THE STATE OF OHIO, APPELLEE, v. ACKLIN, APPELLANT.
                      [Cite as State v. Acklin,

2001-Ohio-1329

.]
Discretionary appeal allowed—Court of appeals’ judgment reversed and cause
        remanded for application of State v. Eppinger.
     (No. 01-910—Submitted July 17, 2001—Decided September 19, 2001.)
     APPEAL from the Court of Appeals for Hamilton County, No. C-000335.
                                  __________________
        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is reversed, and the cause is
remanded to the court of appeals for application of State v. Eppinger (2001),

91 Ohio St.3d 158

743 N.E.2d 881

.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                                  __________________
        Michael K. Allen, Hamilton County Prosecuting Attorney, and Ronald W.
Springman, Jr., Assistant Prosecuting Attorney, for appellee.
        Charles H. Bartlett, Jr., for appellant.
                                  __________________