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STATE v. OVERTON

No. 2010-2072.

128 Ohio St.3d 353 (2011)

2011-Ohio-740

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

Supreme Court of Ohio.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Ron O'Brien , Franklin County Prosecuting Attorney, and Seth L. Gilbert , Assistant Prosecuting Attorney, for appellee.

Yeura R. Venters , Franklin County Public Defender, and Allen V. Adair , Assistant Public Defender, for appellant.

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. II.

{¶ 2} The portion of the judgment of the court of appeals addressing appellant's eighth 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

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