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State v. Alsup

Supreme Court of Ohio
Jan 25, 2011
128 Ohio St. 3d 340 (Ohio 2011)

Opinion

No. 2010-1748.

Submitted January 4, 2011.

Decided January 25, 2011.

APPEAL from the Court of Appeals for Montgomery County, No. 23641, 2010-Ohio-4038.

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, JJ., concur.

PFEIFER and LANZINGER, JJ., dissent and would not accept the discretionary appeal.


Summaries of

State v. Alsup

Supreme Court of Ohio
Jan 25, 2011
128 Ohio St. 3d 340 (Ohio 2011)
Case details for

State v. Alsup

Case Details

Full title:THE STATE OF OHIO, APPELLANT, v. ALSUP, APPELLEE

Court:Supreme Court of Ohio

Date published: Jan 25, 2011

Citations

128 Ohio St. 3d 340 (Ohio 2011)
2011 Ohio 227

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