Opinion
No. 2011–0496.
2011-09-22
Appeal from the Court of Appeals for Cuyahoga County, No. 94954, 192 Ohio App.3d 246, 2011-Ohio-722, 948 N.E.2d 988.On Motion for Reconsideration.William D. Mason, Cuyahoga County Prosecuting Attorney, for appellee.Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.
{¶ 1} Appellant has filed a motion for reconsideration of the court's denial of the discretionary appeal in this matter, reported at 128 Ohio St.3d 1557, 2011-Ohio-2905, 949 N.E.2d 43.
{¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The cause is remanded to the court of appeals for application of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061.
LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.