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STATE v. BATES

No. 2020-0255.

190 N.E.3d 610 (2022)

167 Ohio St.3d 197

2022-Ohio-475

The STATE of Ohio, Appellee, v. BATES, Appellant.

Supreme Court of Ohio.

Decided February 22, 2022.

Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Frank Romeo Zeleznikar , Assistant Prosecuting Attorney, for appellee.

Mark A. Stanton , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, for appellant.

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, and Zachery P. Keller , Deputy Solicitor General, urging affirmance for amicus curiae, Attorney General Dave Yost.

{¶ 1} In this appeal, we consider the application of our recent decisions in State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, and State v. Hudson, 161 Ohio St.3d 166, 2020-Ohio-3849, 161 N.E.3d 608. In 2008, the trial court failed to include in appellant Robert Bates's sentencing...

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