Opinion
No. 2008-1996.
Submitted February 16, 2011.
Decided February 22, 2011.
APPEAL from the Court of Appeals for Cuyahoga County, No. 90172, 2008-Ohio-3677.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristen L. Sobieski, Assistant Prosecuting Attorney, for cross-appellant.
Paul Mancino Jr., for cross-appellee.
{¶ 1} Sua sponte, this cause is no longer held for the decision in 2009-0232 and 2009-0328, State v. Lanier.
{¶ 2} This cause is remanded to the court of appeals for further consideration in view of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061.
O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.