State v. Jefferson

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Jefferson, Slip Opinion No. 2012-Ohio-1984.] 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-1984 THE STATE OF OHIO, APPELLANT, v. JEFFERSON, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Jefferson, Slip Opinion No. 2012-Ohio-1984.] Court of appeals judgment vacated, and cause remanded for application of United States v. Jones. (Nos. 2011-1807 Submitted April 4, 2012 Decided May 10, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 95950, 2011-Ohio-4637. __________________ {¶ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the court of common pleas for application of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). O CONNOR, C.J., and LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER, J., dissents. __________________ SUPREME COURT OF OHIO PFEIFER, J., dissenting. {¶ 2} I would affirm the judgment of the court of appeals on the authority of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellant. ______________________ 2

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