State v. Johnson (127 Ohio St. 3d 31, 2010)

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed on the authority of State v. Evans, 113 Ohio St.3d 100, 2007-Ohio-861, 863 N.E.2d 113, to the extent that the court of appeals held that the defendant was entitled to a de novo resentencing, and the cause is remanded to the trial court for resentencing, consistent with State v. Evans, on the portion of the sentence found to be imposed in error.

Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Brown, C.J., and Lanzinger, J., dissent and would not accept the discretionary appeal.