State v. Mentser

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Mentser, Slip Opinion No. 2011-Ohio-5446.] 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-5446 THE STATE OF OHIO, APPELLEE, v. MENTSER, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Mentser, Slip Opinion No. 2011-Ohio-5446.] Cause remanded to the court of appeals for application of State v. Williams. (No. 2009-0273 Submitted October 18, 2011 Decided October 26, 2011.) APPEAL from the Court of Appeals for Warren County, No. CA2008-06-075 and CA2008-06-076. __________________ {ΒΆ 1} The cause is remanded to the court of appeals for application of State v. Williams, ___ Ohio St.3d ___, 2011-Ohio-3374, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O DONNELL, J., dissents. __________________ David P. Fornshell, Warren County Prosecuting Attorney, and Michael Greer, Assistant Prosecuting Attorney, for appellee. George C. Luther, for appellant. ______________________

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