State v. El-Amin

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. El-Amin, Slip Opinion No. 2011-Ohio-5718.] 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-5718 THE STATE OF OHIO, APPELLEE, v. EL-AMIN, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. El-Amin, Slip Opinion No. 2011-Ohio-5718.] Discretionary appeal accepted, court of appeals judgment vacated, and cause remanded for proceedings consistent with State v. Lester. (No. 2011-1133 Submitted November 2, 2011 Decided November 9, 2011.) APPEAL from the Court of Appeals for Lucas County, No. L-10-1356, 2011-Ohio-2570. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is vacated and the cause is remanded to the court of appeals for proceedings consistent with State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. LANZINGER, J., dissents. __________________ SUPREME COURT OF OHIO Julia R. Bates, Lucas County Prosecuting Attorney, and Brenda J. Majdalani, Assistant Prosecuting Attorney, for appellee. Deborah Kovac Rump, for appellant. ______________________ 2

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