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STATE v. NICKEL

No. 2010-2131.

128 Ohio St.3d 353 (2011)

2011-Ohio-739

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

Supreme Court of Ohio.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Mark E. Mulligan , Ottawa County Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Terrence K. Scott , Assistant Public Defender, 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 PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER...

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