State v. Holloway

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Holloway, Slip Opinion No. 2011-Ohio-4037.] 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-4037 THE STATE OF OHIO, APPELLEE, v. HOLLOWAY, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Holloway, Slip Opinion No. 2011-Ohio-4037.] Court of appeals judgment affirmed on the authority of State v. Mbodji. (No. 2010-2229 Submitted August 8, 2011 Decided August 16, 2011.) APPEAL from the Court of Appeals for Hamilton County, No. C-100219. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Mbodji, ___ Ohio St.3d ___, 2011-Ohio-2880, ___ N.E.2d ___. O CONNOR, C.J., and LUNDBERG STRATTON, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER and O DONNELL, JJ., dissent. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Nicholas Klingensmith, Assistant Prosecuting Attorney, for appellee. Shelia Kyle-Reno, Hamilton County Public Defender, and Robert R. Hastings Jr., Assistant Public Defender, for appellant. ______________________

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