State v. Stall
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Stall, Slip Opinion No. 2011-Ohio-1960.] 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-1960 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. STALL, APPELLEE AND CROSS-APPELLANT, ET AL., CROSS-APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Stall, Slip Opinion No. 2011-Ohio-1960.] Discretionary appeal accepted, discretionary cross-appeal not 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. 2010-2264 Submitted April 5, 2011 Decided April 27, 2011.) APPEAL from the Court of Appeals for Crawford County, Nos. 3-10-11, 3-10-12, and 3-10-13, 190 Ohio App.3d 581, 2010-Ohio-5672. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The discretionary cross-appeal is not accepted. {¶ 3} The portion of the judgment of the court of appeals addressing cross-appellants assignment of error below is vacated as to appellee and crossappellant Stall only on the authority of State v. Johnson, 128 Ohio St.3d 153, SUPREME COURT OF OHIO 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. O CONNOR, C.J., and LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER and LANZINGER, JJ., dissent and would not accept the discretionary appeal. __________________ Stanley Flegm, Crawford County Prosecuting Attorney, and Clifford J. Murphy, Assistant Prosecuting Attorney, for appellant and cross-appellee. Starkey & Stoll, Ltd., and Geoffrey L. Stoll, for appellee and crossappellants. ______________________ 2
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