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STATE v. McCLENDON

No. 2010-1950.

128 Ohio St.3d 354 (2011)

2011-Ohio-954

THE STATE OF OHIO, Appellee and Cross-Appellant, v. McCLENDON, Appellant and Cross-Appellee.

Supreme Court of Ohio.

Decided March 8, 2011.

Attorney(s) appearing for the Case

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

Kyle McClendon , pro se.

{¶ 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

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