Opinion
No. 2010-2131.
Submitted February 1, 2011.
Decided February 22, 2011.
APPEAL from the Court of Appeals for Ottawa County, No. OT-10-004, 2010-Ohio-5510.
Mark E. Mulligan, Ottawa County Prosecuting Attorney, for appellee. Timothy Young, Ohio Public Defender, and Terrence K. Scott, Assistant Public Defender, 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 PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.