
    The State of Ohio, Appellant, v. Alsup, Appellee.
    [Cite as State v. Alsup, 128 Ohio St.3d 340, 2011-Ohio-227.]
    (No. 2010-1748
    Submitted January 4, 2011
    Decided January 25, 2011.)
    Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R. Lynn Nothstine, Assistant Prosecuting Attorney, for appellant.
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals 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 Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur.

Pfeifer and Lanzinger, JJ., dissent and would not accept the discretionary appeal.  