2012 Ohio 1221 - State v. Gates

[Cite as State v. Gates,

131 Ohio St.3d 372

2012-Ohio-1221

.]




              THE STATE OF OHIO, APPELLEE, v. GATES, APPELLANT.
            [Cite as State v. Gates,

131 Ohio St.3d 372

2012-Ohio-1221

.]
Judgment of the court of appeals reversed, and cause remanded to the court of
        appeals for application of State v. Smith.
    (No. 2012-0030—Submitted March 21, 2012—Decided March 27, 2012.)
    CERTIFIED by the Court of Appeals for Portage County, No. 2011-P-0001,

2011-Ohio-5711

.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed, and the cause is
remanded to the court of appeals for application of our decision in State v. Smith,

131 Ohio St.3d 297

2012-Ohio-781

964 N.E.2d 423

.
        O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
                                  __________________
        Pamela J. Holder, Portage County Assistant Prosecuting Attorney, for
appellee.
        Neil P. Agarwal, for appellant.
                               ______________________