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The State of Ohio, Appellant, v. Alsup, Appellee

Supreme Court of Ohio2011-01-25No. No. 2010-1748
128 Ohio St. 3d 340

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Opinion

majority opinion

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson. O’Connor, C.J., and Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur.

Pfeifer and Lanzinger, JJ., dissent and would not accept the discretionary appeal.