
    The State of Ohio, Appellant, v. Smith, Appellee.
    [Cite as State v. Smith, 105 Ohio St.3d 289, 2005-Ohio-1651.]
    (No. 2004-2152
    Submitted March 8, 2005
    Decided April 20, 2005.)
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing consistent with State v. Jordan, 104 Ohio St.3d 21, 2004-Phio-6085, 817 N.E.2d 864.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellant.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur.

Lanzinger, J., dissents.  