State v. Triplett

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Triplett, Slip Opinion No. 2011-Ohio-5717.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-5717 THE STATE OF OHIO, APPELLEE, v. TRIPLETT, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Triplett, Slip Opinion No. 2011-Ohio-5717.] Motion for reconsideration granted, discretionary appeal granted, and court of appeals judgment affirmed on the authority of State v. Lester. (No. 2011-0851 Submitted November 2, 2011 Decided November 9, 2011.) APPEAL from the Court of Appeals for Lucas County, No. L-10-1158, 2011-Ohio-1713. ON MOTION FOR RECONSIDERATION __________________ {¶ 1} Appellant has filed a motion for reconsideration of the court's denial of the discretionary appeal in this matter, reported at 129 Ohio St.3d 1453, 2011-Ohio-4217, 951 N.E.2d 1048. {¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The judgment of the court of appeals is affirmed on the authority of State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___. SUPREME COURT OF OHIO O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. LANZINGER, dissents. __________________ Julia R. Bates, Lucas County Prosecuting Attorney, and David F. Cooper, Assistant Prosecuting Attorney, for appellee. Jeffrey M. Gamso and Jeffrey J. Helmick, for appellant. ______________________ 2

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