STATE v. LUCKY

No. 2008-0532.

118 Ohio St.3d 446 (2008)

2008-Ohio-3178

THE STATE OF OHIO, Appellee, v. LUCKY, Appellant.

Supreme Court of Ohio.

Decided July 2, 2008.


Attorney(s) appearing for the Case

David A. Yost, Delaware County Prosecuting Attorney, and Elizabeth A. Matune, Assistant Prosecuting Attorney, for appellee.

Timothy Young, State Public Defender, and Theresa G. Haire, Assistant State Public Defender, for appellant.


{¶ 1} The discretionary appeal is accepted on Proposition of Law No. III.

{¶ 2} Because the court of appeals entered its judgment on appellant's third assignment of error below prior to the release by this court of its opinion in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, this cause is remanded to the court...

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