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STATE v. MARTIN

No. 2014-2028.

149 Ohio St.3d 292 (2016)

2016-Ohio-7196

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

Supreme Court of Ohio.

Decided October 5, 2016.

Attorney(s) appearing for the Case

Mathias H. Heck Jr. , Montgomery County Prosecuting Attorney, and April F. Campbell and Carley J. Ingram , Assistant Prosecuting Attorneys, for appellee.

Timothy Young , Ohio Public Defender, and Valerine Kunze , Assistant Public Defender, for appellant.

Michael DeWine , Attorney General, and Eric E. Murphy , State Solicitor, urging affirmance for amicus curiae, Ohio Attorney General.

O'NEILL, J., dissents, with an opinion.

BACKGROUND

{¶ 1} On March 18, 2012, appellant, Terry Lee Martin, surreptitiously recorded an 11-year-old female while she was undressed in a bathroom. Martin was indicted for two felonies: creating nudity-oriented material involving a minor, R.C. 2907.323(A)(1), and possession of criminal tools, R.C. 2923...

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