
    The State of Ohio, Appellant, v. Palmer, Appellee.
    [Cite as State v. Palmer, 124 Ohio St.3d 282, 2010-Ohio-224.]
    (No. 2008-2047
    Submitted January 13, 2010
    Decided February 2, 2010.)
   {¶ 1} The judgment of the court of appeals is vacated. The cause is remanded to the trial court for resentencing.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for appellant.

Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee.

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

Pfeifer and Lanzinger, JJ., dissent and would dismiss the appeal as having been improvidently accepted. 
      
      . Appellee’s motion to dismiss the appeal as having been improvidently granted, filed after oral argument, is denied as moot.
     