State v. Winningham

[Cite as State v. Winningham, 132 Ohio St.3d 77, 2012-Ohio-1998.] THE STATE OF OHIO, APPELLEE, v. WINNINGHAM, APPELLANT. [Cite as State v. Winningham, 132 Ohio St.3d 77, 2012-Ohio-1998.] Discretionary appeal accepted, court of appeals’ judgment vacated, and cause remanded for application of United States v. Jones. (No. 2012-0099—Submitted March 20, 2012—Decided May 10, 2012.) APPEAL from the Court of Appeals for Hamilton County, No. C-11134, 2011-Ohio-6229. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is vacated, and the cause is remanded to the court of common pleas for application of United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012). O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Joseph T. Deters, Hamilton County Prosecuting Attorney, and Melynda Machol, Assistant Prosecuting Attorney, for appellee. Raymond L. Katz, for appellant. ______________________