Johnson v. State

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Johnson v. State, Slip Opinion No. 2013-Ohio-2413.] 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. 2013-OHIO-2413 JOHNSON, APPELLEE, v. THE STATE OF OHIO, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Johnson v. State, Slip Opinion No. 2013-Ohio-2413.] (No. 2012-1731 Submitted June 5, 2013 Decided June 13, 2013.) Court of appeals judgment reversed and cause remanded on the authority of Dunbar v. State. ____________________ APPEAL from the Court of Appeals for Cuyahoga County, No. 98050, 2012-Ohio-3964. ____________________ {ΒΆ 1} The judgment of the court of appeals is reversed and the cause is remanded on the authority of Dunbar v. State, ___ Ohio St.3d ___, 2013-Ohio2163, ___ N.E.2d ___. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. ____________________ SUPREME COURT OF OHIO Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, and Peter K. Glenn-Applegate, Deputy Solicitor; and Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Brian R. Gutkoski, Assistant Prosecuting Attorney, for appellant. Friedman & Gilbert and Terry H. Gilbert, for appellee. ________________________ 2

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