[Cite as State v. Roy, 128 Ohio St.3d 340, 2011-Ohio-544.]




               THE STATE OF OHIO, APPELLEE, v. ROY, APPELLANT.
            [Cite as State v. Roy, 128 Ohio St.3d 340, 2011-Ohio-544.]
Discretionary appeal accepted, judgment of the court of appeals vacated in part,
        and cause remanded to the court of appeals for application of State v.
        Johnson.
 (No. 2010-1877 — Submitted January 18, 2011 — Decided February 10, 2011.)
                APPEAL from the Court of Appeals for Butler County,
                        No. CA2009-11-290, 2010-Ohio-4405.
                                  __________________
        {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.
        {¶ 2} The portion of the judgment of the court of appeals addressing
appellant’s sixth 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.
                                  __________________
        William F. Oswall Jr., for appellant.
                               ______________________
