State v. Haynes

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Haynes, Slip Opinion No. 2011-Ohio-5787.] 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-5787 THE STATE OF OHIO, APPELLEE, v. HAYNES, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Haynes, Slip Opinion No. 2011-Ohio-5787.] Discretionary appeal accepted and cause remanded to the court of appeals for application of State v. Williams. (No. 2011-1219 Submitted October 18, 2011 Decided November 15, 2011.) APPEAL from the Court of Appeals for Hamilton County, No. C-100381. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The cause is remanded to the court of appeals for application of State v. Williams, ___ Ohio St.3d ___, 2011-Ohio-3374, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O DONNELL, J., dissents. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula Adams, Assistant Prosecuting Attorney, for appellee. SUPREME COURT OF OHIO Dinsmore & Shohl, L.L.P., and Michael J. Newman, Christopher R. McDowell, and Kurt R. Hunt, for appellant. ______________________ 2

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