State v. McAlmont

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. McAlmont, Slip Opinion No. 2012-Ohio-4327.] 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. 2012-OHIO-4327 THE STATE OF OHIO, APPELLANT, v. MCALMONT, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. McAlmont, Slip Opinion No. 2012-Ohio-4327.] Court of appeals judgment affirmed on the authority of State v. Gunnell. (No. 2011-0065 Submitted September 12, 2012 Decided September 27, 2012.) APPEAL from the Court of Appeals for Clark County, No. 09-CA-21, 2010-Ohio-5879. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Gunnell, 132 Ohio St.3d 442, 2012-Ohio-3236, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LANZINGER, and MCGEE BROWN, JJ., concur. LUNDBERG STRATTON, O DONNELL, and CUPP, JJ., dissent for the reasons stated in the dissenting opinion in State v. Gunnell, 132 Ohio St.3d 442, 2012Ohio-3236, ___ N.E.2d ___. __________________ SUPREME COURT OF OHIO D. Andrew Wilson, Clark County Prosecuting Attorney, and Andrew Picek, Assistant Prosecuting Attorney, for appellant. Murr, Compton, Claypool & Macbeth, and Charles M. Blue, for appellee. ______________________ 2

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