
    The State of Ohio, Appellant and Cross-Appellee, v. Helms, Appellee and Cross-Appellant.
    [Cite as State v. Helms, 128 Ohio St.3d 352, 2011-Ohio-738.]
    (No. 2010-1953
    Submitted February 1, 2011
    Decided February 22, 2011.)
    Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellant and cross-appellee.
    Gary L. Van Brocklin, for appellee and cross-appellant.
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The discretionary cross-appeal is not accepted.

{¶ 3} The portion of the judgment of the court of appeals addressing appellant’s first 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, Lundberg Stratton, O’Donnell, and McGee Brown, JJ., concur.

Lanzinger, J., concurs but would also accept the cross-appeal on Proposition of Law No. II.

Cupp, J., dissents and would not accept the appeal.  