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STATE v. ADAMS

No. 12 MA 9.

2012 Ohio 5979

STATE OF OHIO, PLAINTIFF-APPELLEE, v. DAVID ADAMS, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: December 14, 2012.

Attorney(s) appearing for the Case

Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, For Plaintiff-Appellee.

Attorney J. Dean Carro, Director, Legal Clinic, University of Akron School of Law, Office of Appellate Review, Akron, Ohio 44325-2901, For Defendant-Appellant.

Joseph J. Vukovich, Gene Donofrio and Mary DeGenaro, Judges.

JUDGMENT ENTRY

For the reasons stated in the Opinion rendered herein, the sole assignment of error is with merit and is sustained. It is the final judgment and order of this Court that the judgment of the Common Pleas Court, Mahoning County, Ohio is reversed, the plea is vacated and the case is remanded for further proceedings. Costs taxed against appellee. DeGenaro, J., dissents; see dissenting opinion.

OPINION

JOSEPH J. VUKOVICH, Judge.

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