State v. Lupardus

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Lupardus, Slip Opinion No. 2009-Ohio-5860.] 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. 2009-OHIO-5860 THE STATE OF OHIO, APPELLEE, v. LUPARDUS, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Lupardus, Slip Opinion No. 2009-Ohio-5860.] Appeal dismissed as improvidently accepted. (No. 2008-2487 Submitted October 20, 2009 Decided November 10, 2009.) APPEAL from the Court of Appeals for Washington County, No. 08CA31, 2008-Ohio-5960. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted. PFEIFER, LUNDBERG STRATTON, O CONNOR, and O DONNELL, JJ., concur. MOYER, C.J., and LANZINGER and CUPP, JJ., would affirm the judgment of the court of appeals on the authority of State v. Geeslin, 116 Ohio St.3d 252, 2007-Ohio-5239, 878 N.E.2d 1. __________________ Roland W. Riggs III, Marietta Law Director, and Mark C. Sleeper, Assistant Law Director, for appellee. SUPREME COURT OF OHIO Timothy Young, Ohio Public Defender, and Sarah M. Schregardus, Assistant Public Defender, for appellant. Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Kimberly A. Olson, Deputy Solicitor, and Jeffrey R. Loeser, Assistant Solicitor, urging affirmance for amicus curiae Ohio Attorney General. D. Timothy Huey; and Lyons & Lyons Co., L.P.A., and Jeffrey C. Meadows, urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers. ______________________ 2

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