THE STATE OF OHIO, APPELLEE, v. BRENSON, APPELLANT.
No. 2010-2206
Supreme Court of Ohio
March 30, 2011
128 Ohio St.3d 396, 2011-Ohio-1425
Submitted March 1, 2011
Zagrans Law Firm, L.L.C., and Eric H. Zagrans, in support of respondents for amicus curiae Nikki C. Hardy.
{¶ 1} The discretionary appeal is accepted on Proposition of Law Nos. VI and VII.
{¶ 2} The portion of the judgment of the court of appeals addressing appellant‘s 14th assignment of error below 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 PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
Carol O‘Brien, Delaware County Prosecuting Attorney, and Kyle E. Rohrer, Assistant Prosecuting Attorney, for appellee.
William T. Cramer, for appellant.