State v. Humphrey

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Humphrey, Slip Opinion No. 2011-Ohio-1426.] 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-1426 THE STATE OF OHIO, APPELLEE, v. HUMPHREY, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Humphrey, Slip Opinion No. 2011-Ohio-1426.] Discretionary appeal accepted, judgment of the court of appeals vacated in part, and cause remanded to the court of appeals for application of State v. Johnson. (No. 2011-0054 Submitted March 1, 2011 Decided March 30, 2011.) APPEAL from the Court of Appeals for Ross County, No. 10CA3150, 2010-Ohio-5950. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The portion of the judgment of the court of appeals addressing appellant s second assignment of error below is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson. SUPREME COURT OF OHIO O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. LUNDBERG STRATTON, J., dissents and would not accept the discretionary appeal. __________________ Michael M. Ater, Ross County Prosecuting Attorney, and Richard W. Clagg, Assistant Prosecuting Attorney, for appellee. Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant Public Defender, for appellant. ______________________ 2

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