Submitted April 6, 2017
from the Court of Appeals for Muskingum County, No.
Motion for Reconsideration.
Michael Haddox, Muskingum County Prosecuting Attorney, and
Gerald V. Anderson II, Assistant Prosecuting Attorney, for
Barnhart Law Office, L.L.C., and Robert B. Barnhart, for
1} On December 30, 2016, on the authority of
State v. Gonzales__, Ohio St.3d__,
("Gonzales I"), this court reversed the
judgment of the court of appeals and remanded this cause to
the trial court for further proceedings. __Ohio
St.3d__, 2016-Ohio-8471, __N.E.3d
2} On February 7, 2017, we granted the state's
motion for reconsideration in Gonzales I, vacated
our decision in that case, and reversed the judgment of the
Sixth District Court of Appeals. State v. Gonzales,
__ Ohio St.3d __, 2017-Ohio-777, __
N.E.3d__, ¶ 3 ("Gonzales II
3} Appellee, the state of Ohio, has moved for
reconsideration in this cause. The motion for reconsideration
is granted. The judgment of the court of appeals is affirmed
on the authority of Gonzales II.
O'Connor, C.J., and O'Donnell, French, and DeWine,
O'Neill, J., dissents for the reasons stated in his
dissenting opinion in State v. Gonzales, __ Ohio
St.3d__, 2017-Ohio-777, __
N.E.3d__, ¶ 73-78.
Fischer, J., concurring in part and dissenting in part.
4} For the reasons stated in my separate opinion in
State v. Gonzales, _ Ohio St.3d, 2017-Ohio-777,
N.E.3d, ¶ 24 (Fischer, J., concurring in part and
dissenting in part), I respectfully vote to deny the motion
for reconsideration, but I join the majority's opinion on
the merits in this case.
Kennedy, J., dissenting.
5} This matter is before the court on a motion for
reconsideration filed by appellee, the state of Ohio. Under
the procedures in S.Ct.Prac.R. 18.02, we are empowered to
"correct decisions which, upon reflection, are deemed to
have been made in error." State ex rel Huebner v. W.
Jefferson Village Council,75 Ohio St.3d 381, 383, 662
N.E.2d 339 (1996). "We will not, however, grant
reconsideration when a movant seeks merely to reargue the
case at hand." Dublin City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision,139 Ohio St.3d 212,
2014-Ohio-1940, 11 ...