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STATE v. SAPLAK

No. 97825.

2012 Ohio 4281

STATE OF OHIO, PLAINTIFF-APPELLEE, v. JOHN J. SAPLAK, DEFENDANT-APPELLANT.

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

Released and Journalized: September 20, 2012.

Attorney(s) appearing for the Case

Mark R. Marshall, P.O. Box 451146, Westlake, Ohio 44145, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Erin Stone, Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Kilbane, J., Rocco, P.J., and Keough, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶1} Defendant-appellant, John Saplak, appeals from his conviction for a felony violation of R.C. 2913.02(A)(1). For the reasons set forth below, we affirm the conviction, vacate his sentence, and remand for resentencing.

{¶2} On September 27, 2011, defendant was indicted by information in connection with events occurring from August 9, 2011 to September 9, 2011...

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