State v. McClendon
2011 Ohio 954
Ohio
2011
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Case Information

*1 [Cite as State v. McClendon, 128 Ohio St.3d 354, 2011-Ohio-954.]

T HE S TATE OF O HIO , A PPELLEE AND C ROSS -A PPELLANT , v . M C C LENDON ,

A PPELLANT AND C ROSS -A PPELLEE . [Cite as State v. McClendon, 128 Ohio St.3d 354, 2011-Ohio-954.] Discretionary appeal not accepted, cross-appeal accepted, judgment of the court

of appeals vacated in part, and cause remanded to the court of appeals for application of State v. Johnson.

(No. 2010-1950 — Submitted February 15, 2011 — Decided March 8, 2011.)

A PPEAL from the Court of Appeals for Montgomery County, No. 23558,

2010-Ohio-4757. __________________

{¶ 1} The discretionary appeal is not accepted.

{¶ 2} The discretionary cross-appeal is accepted.

{¶ 3} 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’C ONNOR , C.J., and P FEIFER , L UNDBERG S TRATTON , O’D ONNELL , and C UPP , JJ., concur.

L ANZINGER and M C G EE B ROWN , JJ., dissent and would not accept the cross-appeal.

__________________ Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for appellee and cross- appellant.

Kyle McClendon, pro se.

______________________