State v. Goodson
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Goodson, Slip Opinion No. 2011-Ohio-4729.] 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-4729 THE STATE OF OHIO, APPELLEE, v. GOODSON, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Goodson, Slip Opinion No. 2011-Ohio-4729.] Motion for reconsideration granted, discretionary appeal granted, and cause remanded to the court of appeals for application of State v. Johnson. (No. 2011-0496 Submitted August 8, 2011 Decided September 22, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 94954, 2011-Ohio-722. 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 128 Ohio St.3d 1557, 2011-Ohio-2905, 949 N.E.2d 43. {¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The cause is remanded to the court of appeals for application of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061. SUPREME COURT OF OHIO LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O CONNOR, C.J., and PFEIFER, J., dissent. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant. ______________________ 2
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