
    The State of Ohio, Appellee, v. Humphrey, Appellant.
    [Cite as State v. Humphrey, 128 Ohio St.3d 397, 2011-Ohio-1426.]
    (No. 2011-0054
    Submitted March 1, 2011
    Decided March 30, 2011.)
    Michael M. Ater, Ross County Prosecuting Attorney, and Richard W. Clagg, Assistant Prosecuting Attorney, for appellee.
    Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant Public Defender, for appellant.
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The portion of the judgment of the court of appeals addressing appellant’s second assignment of error below is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is remanded to the court of appeals for application of our decision in State v. Johnson.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

Lundberg Stratton, J., dissents and would not accept the discretionary appeal.  