THE STATE OF OHIO, APPELLEE, v. HUMPHREY, APPELLANT.
No. 2011-0054
Supreme Court of Ohio
March 30, 2011
128 Ohio St.3d 397, 2011-Ohio-1426
Submitted March 1, 2011
{¶ 2} The portion of the judgment of the court of appeals addressing appellant‘s second 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, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
LUNDBERG STRATTON, J., dissents and would not accept the discretionary appeal.
Michael M. Ater, Ross County Prosecuting Attorney, and Richard W. Clagg, Assistant Prosecuting Attorney, for appellee.
Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant Public Defender, for appellant.