Toledo v. State (Slip Opinion)

{¶ 2} I dissent from the majority's decision to vacate the judgment of the court of appeals and remand this case to the trial court to apply this court's holding in Dayton v. State , 151 Ohio St.3d 168, 2017-Ohio-6909, 87 N.E.3d 176. The only majority holding in Dayton is that R.C. 4511.093(B)(1), 4511.095, and 4511.0912 are unconstitutional; the majority was fractured as to the reasoning behind the holding, with no position garnering support from four justices. Id. at ¶ 46 (French, J., concurring).

{¶ 3} The lack of a majority view means there is no guidance to be gleaned from Dayton -the…