State v. Gates
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Gates, Slip Opinion No. 2012-Ohio-1221.] 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-1221 THE STATE OF OHIO, APPELLEE, v. GATES, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Gates, Slip Opinion No. 2012-Ohio-1221.] Judgment of the court of appeals reversed, and cause remanded to the court of appeals for application of State v. Smith. (No. 2012-0030 Submitted March 21, 2012 Decided March 27, 2012.) CERTIFIED by the Court of Appeals for Portage County, No. 2011-P-0001, 2011-Ohio-5711. __________________ {ΒΆ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals for application of our decision in State v. Smith, ___ Ohio St.3d ___, 2012-Ohio-781, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO Pamela J. Holder, Assistant Prosecuting Attorney, Portage County Prosecutors Office, for appellee. Neil P. Agarwal, for appellant. ______________________ 2
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