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STATE v. BROWN

No. 2007-0184.

119 Ohio St.3d 447 (2008)

2008-Ohio-4569

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. BROWN, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided September 17, 2008.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Pamela Bolton, Assistant Prosecuting Attorney, for appellant and cross-appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and David King and John T. Martin, Assistant Public Defenders, for appellee and cross-appellant.

O'DONNELL, J.

{¶ 1} We are again called upon to revisit our 1999 decision in State v. Rance (1999), 85 Ohio St.3d 632, 710 N.E.2d 699, and to clarify whether pursuant to its holding and R.C. 2941.25, a defendant may be convicted and sentenced for two separate crimes arising out of two forms of the same offense based on a single criminal act—here, aggravated assault for stabbing...

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