State v. McClendon

Mar 8, 2011
2010-1950
Versions:2011 Ohio 954
128 Ohio St. 3d 354
944 N.E.2d 235

{¶ 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‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, and CUPP, JJ., concur.

LANZINGER and MCGEE BROWN, JJ., dissent and would not accept the cross-appeal.