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STATE v. KITTLE

Nos. 2003-1292 and 2003-1293.

100 Ohio St.3d 247 (2003)

2003-Ohio-5759

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

Supreme Court of Ohio.

Decided November 12, 2003.

Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, and Brenda J. Majdalani, Assistant Prosecuting Attorney, for appellee.

Gamso, Helmick & Hoolahan and Jeffrey M. Gamso, for appellant.

{¶ 1} The discretionary appeal is allowed on Proposition of Law No. 3 only.

{¶ 2} The certification of conflict is accepted.

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

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, O'CONNOR...

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