2011-Ohio-1022

State v. McClendon, Slip Opinion No. 2011-Ohio-954.

No. 2010-1950.Supreme Court of Ohio.
March 8, 2011.

Montgomery App. No. 23558, 2010-Ohio-4757. Discretionary appeal not accepted, discretionary cross-appeal accepted, judgment of the court of appeals vacated in part, and cause remanded to the court of appeals.

MERIT DECISION WITH OPINION
O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, and Cupp, JJ., concur.

Lanzinger and McGee Brown, JJ., dissent and would not accept the cross-appeal.

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