State v. Goodson

[Cite as State v. Goodson, 130 Ohio St.3d 82, 2011-Ohio-4729.] THE STATE OF OHIO, APPELLEE, v. GOODSON, APPELLANT. [Cite as State v. Goodson, 130 Ohio St.3d 82, 2011-Ohio-4729.] Motion for reconsideration granted, discretionary appeal granted, and cause remanded to the court of appeals for application of State v. Johnson. (No. 2011-0496—Submitted August 8, 2011—Decided September 22, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 94954, 2011-Ohio-722. ON MOTION FOR RECONSIDERATION __________________ {¶ 1} Appellant has filed a motion for reconsideration of the court's denial of the discretionary appeal in this matter, reported at 128 Ohio St.3d 1557, 2011-Ohio-2905, 949 N.E.2d 43. {¶ 2} The motion for reconsideration is granted. The discretionary appeal is accepted. The cause is remanded to the court of appeals for application of our decision in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061. LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. O’CONNOR, C.J., and PFEIFER, J., dissent. __________________ William D. Mason, Cuyahoga County Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant. ______________________