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STATE v. DEANDA

No. 2012-0471.

136 Ohio St.3d 18 (2013)

2013-Ohio-1722

THE STATE OF OHIO, Appellant, v. DEANDA, Appellee.

Supreme Court of Ohio.

Decided May 1, 2013.

Attorney(s) appearing for the Case

Derek W. DeVine, Seneca County Prosecuting Attorney, and Brian O. Boos, Assistant Prosecuting Attorney, for appellant.

John M. Kahler II, for appellee.

Timothy Young, Ohio Public Defender, and Jeremy J. Masters, Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.

O'NEILL, J.

{¶ 1} In this case, we are called upon to determine whether felonious assault through causing serious physical harm is a lesser included offense of attempted murder. Based on our interpretation of the applicable statutes and extension of our holdings in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, and State v. Evans, 122...

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