State v. Chandler

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Chandler, Slip Opinion No. 2012-Ohio-5735.] 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-5735 STATE v. CHANDLER. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Chandler, Slip Opinion No. 2012-Ohio-5735.] Court of appeals judgment reversed on the authority of State v. Billiter. (No. 2011-1733 Submitted December 4, 2012 Decided December 6, 2012. APPEAL from the Court of Appeals for Stark County, No. 2010-CA-00295, 2011-Ohio-4387. __________________ {¶ 1} Sua sponte, the judgment of the court of appeals is reversed on the authority of State v. Billiter, ___ Ohio St.3d ___, 2012-Ohio-5144, ___ N.E.2d ___, and the cause is remanded to the court of appeals for further proceedings consistent with this court s opinion in State v. Billiter. O CONNOR, C.J., and PFEIFER, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. LUNDBERG STRATTON and LANZINGER, JJ., dissent for the reasons stated in their separate opinions in State v. Billiter. __________________ SUPREME COURT OF OHIO John D. Ferrero, Stark County Prosecuting Attorney, and Renee M. Watson, Assistant Prosecuting Attorney, for appellee. Timothy Young, Ohio Public Defender, and E. Kelly Mihocik, Assistant Public Defender, for appellant. ______________________ 2

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