State v. Helms
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Helms, Slip Opinion No. 2011-Ohio-738.] 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-738 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. HELMS, APPELLEE AND CROSS-APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Helms, Slip Opinion No. 2011-Ohio-738.] 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. 2010-1953 Submitted February 1, 2011 Decided February 22, 2011.) APPEAL from the Court of Appeals for Mahoning County, No. 08 MA 199, 2010-Ohio-4872. __________________ {¶ 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 appellant s first assignment of error below is vacated on the authority of State v. Johnson, ___ Ohio St.3d ___, 2010-Ohio-6314, ___ N.E.2d ___, and the cause is SUPREME COURT OF OHIO remanded to the court of appeals for application of our decision in State v. Johnson. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, and MCGEE BROWN, JJ., concur. LANZINGER, J., concurs but would also accept the cross-appeal on Proposition of Law No. II. CUPP, J., dissents and would not accept the appeal. __________________ Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellant and cross-appellee. Gary L. Van Brocklin, for appellee and cross-appellant. ______________________ 2
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