The opinion
{¶ 1} Sua sponte, case No. 2009-0232 is dismissed as having been improvidently certified.
{¶ 2} In case No. 2009-0328, the portion of the court of appeals’ judgment addressing appellant’s third assignment of error below is vacated, sua sponte, 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.
{¶ 3} Oral argument in these cases scheduled for January 18, 2011, is accordingly canceled.
O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.