State v. Smith

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Smith, Slip Opinion No. 2011-Ohio-1839.] 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-1839 THE STATE OF OHIO, APPELLANT, v. SMITH, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Smith, Slip Opinion No. 2011-Ohio-1839.] Judgment of the court of appeals reversed. (No. 2010-1345 Submitted October 12, 2010 Decided April 19, 2011.) APPEAL from the Court of Appeals for Lorain County, Nos. 09CA009634 and 09CA009635, 2010-Ohio-3007. __________________ {¶ 1} Sua sponte, this cause is no longer held for the decision in 20101216, State ex rel. DeWine v. Burge, 128 Ohio St.3d 236, 2011-Ohio-235, 943 N.E.2d 535. {¶ 2} The judgment of the court of appeals is reversed. O CONNOR, C.J., and LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER and LANZINGER, JJ., dissent. __________________ SUPREME COURT OF OHIO Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo Belcher, Assistant Prosecuting Attorney, for appellant. Jack W. Bradley and Michael E. Stepanik, for appellee. ______________________ 2

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