State v. Brenson , 128 Ohio St. 3d 396 ( 2011 )

[Cite as State v. Brenson, 128 Ohio St. 3d 396, 2011-Ohio-1425.]
THE STATE OF OHIO, APPELLEE, v. BRENSON, APPELLANT.
[Cite as State v. Brenson, 128 Ohio St. 3d 396, 2011-Ohio-1425.]
Discretionary appeal accepted on Proposition of Law Nos. VI and VII, judgment
of the court of appeals vacated in part, and cause remanded to the court of
appeals for application of State v. Johnson.
(No. 2010-2206 — Submitted March 1, 2011 — Decided March 30, 2011.)
APPEAL from the Court of Appeals for Delaware County, No. 09-CA-18,
2010-Ohio-4645.
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{¶ 1} The discretionary appeal is accepted on Proposition of Law Nos.
VI and VII.
{¶ 2} The portion of the judgment of the court of appeals addressing
appellant’s 14th assignment of error below 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.
__________________
Carol O’Brien, Delaware County Prosecuting Attorney, and Kyle E.
Rohrer, Assistant Prosecuting Attorney, for appellee.
William T. Cramer, for appellant.
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