[Cite as State v. Lynch, 134 Ohio St.3d 561, 2012-Ohio-5730.]




               THE STATE OF OHIO, APPELLEE, v. LYNCH, APPELLANT.
          [Cite as State v. Lynch, 134 Ohio St.3d 561, 2012-Ohio-5730.]
Court of appeals’ judgment reversed on the authority of State v. Billiter.
 (No. 2012-1361—Submitted December 4, 2012—Decided December 6, 2012.)
                APPEAL from the Court of Appeals for Lorain County,
                          No. 11CA010031, 2012-Ohio-2975.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed on the authority of
State v. Billiter, 134 Ohio St.3d 103, 2012-Ohio-5144, 980 N.E.2d 960, and the
cause is remanded to the court of appeals for further proceedings consistent with
this court’s opinion in State v. Billiter.
        O’CONNOR, C.J., and PFEIFER, O’DONNELL, CUPP, and MCGEE BROWN,
JJ., concur.
        LUNDBERG STRATTON and LANZINGER, JJ., dissent for the reasons stated in
their separate opinions in State v. Billiter.
                                  __________________
        Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo
Belcher, Assistant Prosecuting Attorney, for appellee.
        Timothy Young, Ohio Public Defender, and E. Kelly Mihocik, Assistant
Public Defender, for appellant.
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