State v. Scott

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Scott, Slip Opinion No. 2011-Ohio-5343.] 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-5343 THE STATE OF OHIO, APPELLEE, v. SCOTT, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Scott, Slip Opinion No. 2011-Ohio-5343.] Cause remanded to the court of appeals for application of State v. Williams and State v. Dunlap. (No. 2010-1483 Submitted September 21, 2011 Decided October 20, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 91890, 2010-Ohio-3057. __________________ {¶ 1} The cause is remanded to the court of appeals for application of State v. Williams, 129 Ohio St.3d 344, 2011-Ohio-3374, ___ N.E.2d ___, and State v. Dunlap, ___ Ohio St.3d ___, 2011-Ohio-4111, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O DONNELL, J., dissents as to the application of State v. Williams. __________________ SUPREME COURT OF OHIO William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Williamson, Assistant Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and John Martin, Assistant Public Defender, for appellant. ______________________ 2

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