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STATE v. MILLER

No. 2022-0321.

227 N.E.3d 1189 (2023)

173 Ohio St.3d 102

2023-Ohio-3448

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

Supreme Court of Ohio.

Decided September 28, 2023.

Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Anthony T. Miranda and Kristen Hatcher , Assistant Prosecuting Attorneys, for appellee.

John P. Parker , Cleveland, for appellant.

{¶ 1} In the absence of four votes to reverse the judgment of the Eighth District Court of Appeals, that judgment is affirmed.

Judgment affirmed.

Kennedy, C.J., concurs in the judgment, with an opinion joined by DeWine and Deters, JJ.

Fischer, J., would dismiss the cause as having been improvidently accepted.

Donnelly, J., dissents, with an opinion joined by Stewart and Brunner, JJ.

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