2002 OHIO 5782 - State v. Steward

[This decision has been published in Ohio Official Reports at

97 Ohio St.3d 203

.]




             THE STATE OF OHIO, APPELLEE, v. STEWARD, APPELLANT.
                     [Cite as State v. Steward,

2002-Ohio-5782

.]
Discretionary appeal allowed—Court of appeals’ judgment reversed and cause
          remanded to trial court for consideration of State v. Bush.
(No. 2002-1170—Submitted September 24, 2002—Decided November 6, 2002.)
  APPEAL from the Court of Appeals for Richland County, No. 01CA102, 2002-
                                        Ohio-2680.
                                  __________________
          {¶1} The discretionary appeal is allowed.
          {¶2} The judgment of the court of appeals is reversed and the cause is
remanded to the trial court for consideration of State v. Bush,

96 Ohio St.3d 235

2002-Ohio-3993

773 N.E.2d 522

.
          MOYER, C.J., DOUGLAS, PFEIFER, COOK and LUNDBERG STRATTON, JJ.,
concur.
          RESNICK and F.E. SWEENEY, JJ., dissent and would affirm the judgment of
the court of appeals.
                                  __________________
          James J. Mayer Jr., Richland County Prosecuting Attorney, and John
Randolph Spon Jr., for appellee.
          Bruce A. Steward, pro se.
                                  __________________




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