State v. Cherif

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Cherif, Slip Opinion No. 2011-Ohio-956.] 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-956 THE STATE OF OHIO, APPELLEE, v. CHERIF, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Cherif, Slip Opinion No. 2011-Ohio-956.] Discretionary appeal accepted on Proposition of Law No. II, judgment of the court of appeals vacated in part, and cause remanded to the court of appeals for application of State v. Johnson. (No. 2010-2188 Submitted February 15, 2011 Decided March 8, 2011.) APPEAL from the Court of Appeals for Franklin County, No. 09AP-1176, 2010-Ohio-5325. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law No. II. {¶ 2} The portion of the judgment of the court of appeals addressing appellant s second 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 remanded to the court of appeals for application of our decision in State v. Johnson. PFEIFER, O DONNELL, LANZINGER, and CUPP, JJ., concur. SUPREME COURT OF OHIO O CONNOR, C.J., and LUNDBERG STRATTON and MCGEE BROWN, JJ., dissent and would not accept the discretionary appeal. __________________ Ron O Brien, Franklin County Prosecuting Attorney, and Laura R. Swisher, Assistant Prosecuting Attorney, for appellee. Yeura R. Venters, Franklin County Public Defender, and David L. Strait, Assistant Public Defender, for appellant. ______________________ 2

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