2011 Ohio 4729
Ohio
2011

THE STATE OF OHIO, APPELLEE, v. GOODSON, APPELLANT.

No. 2011-0496

Supreme Court of Ohio

Submitted August 8, 2011—Decided September 22, 2011.

130 Ohio St.3d 82, 2011-Ohio-4729

{¶ 1} Appellant has filed a motion for reconsideration of the court‘s denial of the discretionary appeal in this matter, reported at 128 Ohio St.3d 1557, 2011-Ohio-2905, 949 N.E.2d 43.

{¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The cause is remanded to the court of appeals for application of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061.

LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

O‘CONNOR, C.J., and PFEIFER, J., dissent.

William D. Mason, Cuyahoga County Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.