2012 OHIO 1985 - State v. Sullivan

[Cite as State v. Sullivan,

132 Ohio St.3d 75

2012-Ohio-1985

.]




             THE STATE OF OHIO, APPELLANT, v. SULLIVAN, APPELLEE.
           [Cite as State v. Sullivan,

132 Ohio St.3d 75

2012-Ohio-1985

.]
Court of appeals’ judgment vacated, and cause remanded for application of
          United States v. Jones.
       (Nos. 2011-1870 and 2011-1871—Submitted April 4, 2012—Decided
                                      May 10, 2012.)
    APPEAL from and CERTIFIED by the Court of Appeals for Fairfield County,
                           No. 2010-CA-52,

2011-Ohio-4967

.
                                   __________________
          {¶ 1} 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 LUNDBERG STRATTON, O’DONNELL, LANZINGER,
CUPP, and MCGEE BROWN, JJ., concur.
          PFEIFER, J., dissents.
                                   __________________
          PFEIFER, J., dissenting.
          {¶ 2} I would affirm the judgment of the court of appeals on the
authority of United States v. Jones, ___ U.S. ___,

132 S.Ct. 945

181 L.Ed.2d 911

(2012).
                                   __________________
          Gregg Marx, Fairfield County Prosecuting Attorney, and Jocelyn S. Kelly,
Assistant Prosecuting Attorney, for appellant.
                               ______________________