State v. Sutton
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Sutton, Slip Opinion No. 2011-Ohio-736.] 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-736 THE STATE OF OHIO, CROSS-APPELLANT, v. SUTTON, CROSS-APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Sutton, Slip Opinion No. 2011-Ohio-736.] Cause remanded to the court of appeals for consideration of State v. Johnson. (No. 2008-1996 Submitted February 16, 2011 Decided February 22, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 90172, 2008-Ohio-3677. __________________ {¶ 1} Sua sponte, this cause is no longer held for the decision in 20090232 and 2009-0328, State v. Lanier. {¶ 2} This cause is remanded to the court of appeals for further consideration in view of our decision in State v. Johnson, ___ Ohio St.3d ___, 2010-Ohio-6314, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristen L. Sobieski, Assistant Prosecuting Attorney, for cross-appellant. Paul Mancino Jr., for cross-appellee. ______________________ 2
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