State v. Campbell

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Campbell, Slip Opinion No. 2012-Ohio-6192.] 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-6192 THE STATE OF OHIO, APPELLEE, v. CAMPBELL, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Campbell, Slip Opinion No. 2012-Ohio-6192.] Motion for reconsideration granted. Cause remanded for further proceedings consistent with State v. Brunning and State v. Howard. (No. 2012-1519 Submitted December 27, 2012 Decided December 31, 2012.) APPEAL from the Court of Appeals for Hamilton County, No. C-110627, 2012-Ohio-3332. __________________ {ΒΆ 1} The motion for reconsideration is granted. The discretionary appeal is accepted. The judgment of the court of appeals is reversed, and the cause is remanded to the appellate court for further proceedings consistent with this court s decisions in State v. Brunning, ___ Ohio St.3d ___, 2012-Ohio-5752, ___ N.E.2d ___, and State v. Howard, ___ Ohio St.3d ___, 2012-Ohio-5738, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, and CUPP, JJ., concur. SUPREME COURT OF OHIO O DONNELL, J., dissents. KENNEDY, J., not participating. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellee. The Law Office of Steven R. Adams, Marguerite Slagle, and Steven R. Adams, for appellant. ______________________ 2

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