[Cite as State v. Alsup, 128 Ohio St.3d 340, 2011-Ohio-227.]




              THE STATE OF OHIO, APPELLANT, v. ALSUP, APPELLEE.
           [Cite as State v. Alsup, 128 Ohio St.3d 340, 2011-Ohio-227.]
Discretionary appeal accepted, judgment of the court of appeals vacated, and
        cause remanded to the court of appeals for application of State v.
        Johnson.
  (No. 2010-1748 — Submitted January 4, 2011 — Decided January 25, 2011.)
     APPEAL from the Court of Appeals for Montgomery County, No. 23641,
                                    2010-Ohio-4038.
                                 __________________
        {¶ 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 LUNDBERG STRATTON, O’DONNELL, CUPP, and
MCGEE BROWN, JJ., concur.
        PFEIFER and LANZINGER, JJ., dissent and would not accept the
discretionary appeal.
                                 __________________
        Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R.
Lynn Nothstine, Assistant Prosecuting Attorney, for appellant.
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