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STATE v. ALSUP

No. 2010-1748.

128 Ohio St.3d 340 (2011)

2011-Ohio-227

THE STATE OF OHIO, Appellant, v. ALSUP, Appellee.

Supreme Court of Ohio.

Decided January 25, 2011.

Attorney(s) appearing for the Case

Mathias H. Heck Jr. , Montgomery County Prosecuting Attorney, and R. Lynn Nothstine , Assistant Prosecuting Attorney, for appellant.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals 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 LUNDBERG STRATTON, O'DONNELL, CUPP, and McGEE BROWN...

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