STATE v. ELMORE

No. 2004-0041

111 Ohio St.3d 515 (2006)

2006-Ohio-6207

THE STATE OF OHIO, APPELLEE, v. ELMORE, APPELLANT.

Supreme Court of Ohio.

Decided December 13, 2006.


Attorney(s) appearing for the Case

Robert L. Becker, Licking County Prosecuting Attorney, and Kenneth W. Oswalt, Assistant Prosecuting Attorney, for appellee.

W. Joseph Edwards and Keith A. Yeazel, for appellant.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Diane Richards Brey and Franklin E. Crawford, Deputy Solicitors, urging affirmance for amicus curiae Ohio Attorney General.

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor and Seth L. Gilbert, Assistant Prosecuting Attorneys, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.


LUNDBERG STRATTON, J.

{¶ 1} In this appeal, defendant-appellant, Phillip E. Elmore, raises 17 propositions of law. We find one proposition to be meritorious and remand the case to the trial court to resentence Elmore on the noncapital offenses for which he was convicted. We find that none of his other propositions of law has merit and affirm Elmore's convictions. We have also independently...

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