STATE v. BAER

No. 80-417.

67 Ohio St. 2d 220 (1981)

THE STATE OF OHIO, APPELLEE, v. BAER, APPELLANT.

Supreme Court of Ohio.

Decided July 15, 1981.


Attorney(s) appearing for the Case

Mr. Michael Miller, prosecuting attorney, and Mr. Alan C. Travis, for appellee.

Mr. J. Tullis Rogers and Mr. Harry Reinhart, for appellant.


RUTHERFORD, J.

As set forth in appellant's brief before this court, it is appellant's claim that:

"Ohio Revised Code Section 2941.25(A), the multiple count provision, has been violated when a defendant is convicted of two allied offenses of similar import: tampering with coin machines, Revised Code Section 2911.32, and theft, Revised Code Section 2913.02."

R. C. 2911.32, tampering with coin machines, in pertinent part, reads:

"(A) No person...

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