State v. Lanier
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Lanier, Slip Opinion No. 2011-Ohio-5.] 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-5 THE STATE OF OHIO, APPELLEE, v. LANIER, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Lanier, Slip Opinion No. 2011-Ohio-5.] Judgment of the court of appeals vacated in part, and cause remanded to the court of appeals for application of State v. Johnson. (Nos. 2009-0232 and 2009-0328 Submitted January 4, 2011 Decided January 5, 2011.) CERTIFIED by and APPEAL from the Court of Appeals for Hamilton County, No. C-080162, 180 Ohio App.3d 376, 2008-Ohio-6906. __________________ {¶ 1} Sua sponte, case No. 2009-0232 is dismissed as having been improvidently certified. {¶ 2} In case No. 2009-0328, the portion of the judgment of the court of appeals addressing appellant s third assignment of error below is vacated, sua sponte, on the authority of State v. Johnson, ___ Ohio St.3d ___, 2010-Ohio6314, ___ N.E.2d ___, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson. SUPREME COURT OF OHIO {¶ 3} Oral argument in these cases scheduled for January 18, 2011, is accordingly cancelled. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for appellee. Roger W. Kirk, for appellant. Timothy Young, Ohio Public Defender, and Terrence K. Scott, Assistant Public Defender, urging reversal for amicus curiae, Ohio Public Defender. ______________________ 2
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