STATE v. SIMMONS

Merit Decisions Without Opinions.

On application to dismiss appeal and vacate judgment and sentence. Application granted. The judgments of the court of appeals and the court of common pleas are vacated, and the cause is remanded to the trial court for resentencing. This cause is dismissed.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, and CUPP, JJ., concur. LANZINGER, J., dissents.