[Cite as State v. Sutton, 128 Ohio St.3d 351, 2011-Ohio-736.]




    THE STATE OF OHIO, CROSS-APPELLANT, v. SUTTON, CROSS-APPELLEE.
          [Cite as State v. Sutton, 128 Ohio St.3d 351, 2011-Ohio-736.]
Cause remanded to the court of appeals for consideration of State v. Johnson.
(No. 2008-1996 — Submitted February 16, 2011 — Decided February 22, 2011.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 90172,
                                     2008-Ohio-3677.
                                  __________________
        {¶ 1} Sua sponte, this cause is no longer held for the decision in 2009-
0232 and 2009-0328, State v. Lanier.
        {¶ 2} This cause is remanded to the court of appeals for further
consideration in view of our decision in State v. Johnson, 128 Ohio St.3d 153,
2010-Ohio-6314, 942 N.E.2d 1061.
        O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
                                  __________________
        William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristen
L. Sobieski, Assistant Prosecuting Attorney, for cross-appellant.
        Paul Mancino Jr., for cross-appellee.
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