[Cite as State v. Carter, 123 Ohio St.3d 162, 2009-Ohio-4905.]




             THE STATE OF OHIO, APPELLEE, v. CARTER, APPELLANT.
          [Cite as State v. Carter, 123 Ohio St.3d 162, 2009-Ohio-4905.]
Court of appeals’ judgment reversed on the authority of State v. Harris and cause
        remanded.
(No. 2008-1894 — Submitted August 11, 2009 — Decided September 22, 2009.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 90504,
                                     2008-Ohio-4099.
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        {¶ 1} The judgment of the court of appeals is reversed on the authority of
State v. Harris, 122 Ohio St.3d 373, 2009-Ohio-3323, 911 N.E.2d 882, and the
cause is remanded to the court of appeals for further consideration of the animus
analysis consistent with State v. Harris.
        MOYER,       C.J.,   and    PFEIFER,     LUNDBERG        STRATTON,   O’CONNOR,
O’DONNELL, LANZINGER, and CUPP, JJ., concur.
                                   __________________
        William D. Mason, Cuyahoga County Prosecuting Attorney, and Pamela
Bolton, Assistant Prosecuting Attorney, for appellee.
        Robert L. Tobik, Cuyahoga County Public Defender, and Erika Cunliffe,
Assistant Public Defender, for appellant.
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