State v. Alsup
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Alsup, Slip Opinion No. 2011-Ohio-227.] 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-227 THE STATE OF OHIO, APPELLANT, v. ALSUP, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Alsup, Slip Opinion No. 2011-Ohio-227.] Discretionary appeal accepted, judgment of the court of appeals vacated, and cause remanded to the court of appeals for application of State v. Johnson. (No. 2010-1748 Submitted January 4, 2011 Decided January 25, 2011.) APPEAL from the Court of Appeals for Montgomery County, No. 23641, 2010Ohio-4038. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is vacated on the authority of State v. Johnson, ___ Ohio St.3d ___, 2010-Ohio-6314, ___ N.E.2d ___, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson. O CONNOR, C.J., and LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. SUPREME COURT OF OHIO PFEIFER and LANZINGER, JJ., dissent and would not accept the discretionary appeal. __________________ Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R. Lynn Nothstine, Assistant Prosecuting Attorney, for appellant. __________________ 2
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