Opinion
No. 2012-0030
03-27-2012
Pamela J. Holder, Assistant Prosecuting Attorney, Portage County Prosecutors Office, for appellee. Neil P. Agarwal, for appellant.
NOTICE
This slip opinion is subject to formal revision before it is published in
an advance sheet of the Ohio Official Reports. Readers are requested
to promptly notify the Reporter of Decisions, Supreme Court of Ohio,
65 South Front Street, Columbus, Ohio 43215, of any typographical or
other formal errors in the opinion, in order that corrections may be
made before the opinion is published.
[Until this opinion appears in the Ohio Official Reports advance sheets, it
may be cited as State v. Gates, Slip Opinion No. 2012-Ohio-1221.]
Judgment of the court of appeals reversed, and cause remanded to the court of
appeals for application of State v. Smith.
CERTIFIED by the Court of Appeals for Portage County, No. 2011-P-0001,
2011-Ohio-5711.
{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals for application of our decision in State v. Smith, _ Ohio St.3d _, 2012-Ohio-781, _ N.E.2d _.
O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
Pamela J. Holder, Assistant Prosecuting Attorney, Portage County Prosecutors Office, for appellee.
Neil P. Agarwal, for appellant.