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STATE v. NEWMAN

Nos. 2002-1722 and 2002-1723.

100 Ohio St.3d 24 (2003)

2003-Ohio-4754

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

Supreme Court of Ohio.

Decided September 24, 2003.

Attorney(s) appearing for the Case

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, State Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.

{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.

MOYER, C.J., RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

O'CONNOR, J., concurs separately.

LUNDBERG STRATTON, J., dissents.

O'DONNELL, J., not participating.

O'CONNOR...

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