COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 82674
 
STATE OF OHIO                :
                             :       JOURNAL ENTRY
    Plaintiff-Appellee       :
                             :           AND
    vs.                      :
                             :         OPINION
WILLIE THOMAS                :
                             :
    Defendant-Appellant      :
                             :
                             :
DATE OF ANNOUNCEMENT         :
OF DECISION                  :    September 29, 2005
                             :
CHARACTER OF PROCEEDINGS     :    Criminal appeal from
                             :    Common Pleas Court
                             :    Case No. CR-429294
                             :
JUDGMENT                     :    CONVICTION AND
                             :    SENTENCE VACATED;
                             :    REMANDED.
                             :
                             :
DATE OF JOURNALIZATION       :
 
APPEARANCES:
 
For plaintiff-appellee            WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  By: ERIC WEISS, ESQ.
                                  LISA REITZ WILLIAMSON, ESQ.
                                  Assistant County Prosecutors
                                  8th Floor Justice Center
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
For defendant-appellant           ROBERT L. TOBIK, ESQ.
                                  Cuyahoga County Public
                                  Defender
                                  By: JOHN T. MARTIN, ESQ.
                                  Assistant Public Defender
                                  1200 West Third Street
                                  100 Lakeside Place
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
SEAN C. GALLAGHER, J.:
 
    Upon the decision of the Supreme Court of Ohio in     State v.
 
Thomas, 106 Ohio St.3d 133, 2005-Ohio-4106, Thomas's conviction and
 
sentence are hereby vacated and the case is remanded to the trial
 
court for further proceedings consistent with that opinion. Upon
 
completion of that review and a final disposition of the case is
 
rendered, the trial court should enter an order upon the docket and
 
forward the final journal entry to the appropriate institution.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
    This cause is vacated and remanded to the lower court for
 
further proceedings consistent with this opinion.
 
    It is, therefore, considered that said appellant recover of
 
said appellee costs herein.
 
    The court finds there were reasonable grounds for this appeal.
 
    It is ordered that a special mandate issue out of this court
 
directing the Cuyahoga County Court of Common Pleas to carry this
 
judgment into execution. A certified copy of this entry shall
 
constitute the mandate pursuant to Rule 27 of the Rules of
 
Appellate Procedure.
 
JAMES J. SWEENEY, P.J.,        AND
 
CHRISTINE T. MCMONAGLE, J., CONCUR.
 
 
 
 
                                         SEAN C. GALLAGHER
                                              JUDGE
 
 
 
 
N.B. This entry is an announcement of the court's decision. See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be
journalized and will become the judgment and order of the court
pursuant to App.R. 22(E) unless a motion for reconsideration with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision. The time period for
review by the Supreme Court of Ohio shall begin to run upon the
journalization of this court's announcement of decision by the
clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section
2(A)(1).
 
.