State v. Jordan

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Jordan, Slip Opinion No. 2011-Ohio-737.] 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-737 THE STATE OF OHIO, APPELLANT, v. JORDAN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Jordan, Slip Opinion No. 2011-Ohio-737.] Discretionary appeal accepted and judgment of the court of appeals reversed in part on the authority of State v. Hodge. (No. 2010-1868 Submitted February 1, 2011 Decided February 22, 2011.) APPEAL from the Court of Appeals for Trumbull County, No. 2009-T-0110, 2010-Ohio-5183. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The portion of the judgment of the court of appeals addressing appellant s first assignment of error below is reversed on the authority of State v. Hodge, ___ Ohio St.3d ___, 2010-Ohio-6320, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, for appellant. ______________________ 2

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