[Cite as State v. Ginley, 130 Ohio St.3d 1214, 2011-Ohio-5447.]




             THE STATE OF OHIO, APPELLANT, v. GINLEY, APPELLEE.
         [Cite as State v. Ginley, 130 Ohio St.3d 1214, 2011-Ohio-5447.]
Appeal dismissed as improvidently accepted.
   (No. 2010-1925—Submitted October 4, 2011—Decided October 26, 2011.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 95593.
                                  __________________
        {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
accepted.
        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 Matthew
Meyer, Assistant Prosecuting Attorney, for appellant.
        Susan J. Moran, for appellee.
        Robert L. Tobik and John T. Martin, urging dismissal or affirmance for
amicus curiae, Cuyahoga County Public Defender.
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