STATE v. BELL

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Supreme Court of Ohio.

The STATE of Ohio, Appellee and Cross–Appellant, v. BELL, Appellant and Cross–Appellee.

No. 2015–1893.

Decided: November 02, 2016

Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellee and cross-appellant. Robert L. Tobik, Cuyahoga County Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellant and cross-appellee.

{¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Jones, ––– Ohio St.3d ––––, 2016–Ohio–5105, ––– N.E.3d ––––, with respect to the issues raised in the appeal, and on the authority of State v. Thomas, ––– Ohio St.3d ––––, 2016–Ohio–5567, ––– N.E.3d ––––, with respect to the issues raised in the cross-appeal.

O'CONNOR, C.J., and PFEIFER, LANZINGER, FRENCH, and O'NEILL, JJ., concur. O'DONNELL and KENNEDY, JJ., concur with respect to the appeal, dissent with respect to the cross-appeal, and would reinstate the sentence imposed by the trial court.