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STATE v. CLINE

No. 2003-1903.

103 Ohio St.3d 471 (2004)

2004-Ohio-5701

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

Supreme Court of Ohio.

Decided November 10, 2004.

Attorney(s) appearing for the Case

Nick A. Selvaggio, Champaign County Prosecuting Attorney, and Jack W. Whitesell Jr., Assistant Prosecuting Attorney, for appellant.

Michael T. Columbus, for appellee.

William F. Schenck, Greene County Prosecuting Attorney, and Cheri L. Stout, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.

{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded to that court for proceedings consistent with State v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471, 816 N.E.2d 227, and for consideration of other assignments of error.

MOYER, C.J., RESNICK, FRANCIS E. SWEENEY, SR., PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL...

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