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STATE v. JOHNSON

No. 94813.

2011 Ohio 1919

STATE OF OHIO, PLAINTIFF-APPELLEE, v. ANTHONY JOHNSON, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: April 21, 2011.

Attorney(s) appearing for the Case

Thomas A. Rein, Leader Building, Suite 940, 526 Superior Avenue, Cleveland, Ohio 44114, ATTORNEY FOR APPELLANT.

William D. Mason, Cuyahoga County Prosecutor, Pinkey S. Carr, Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

Before: Jones, J., Blackmon, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, Anthony Johnson ("Johnson"), appeals his conviction and sentence. We affirm the conviction, but reverse the sentence and remand for resentencing.

I. Procedural History and Facts

{¶ 2} In September 2009, Johnson was charged with aggravated murder, with a victim under the age of 13 murder specification, notice of prior conviction, and...

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