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STATE v. SMITH

Nos. 76-612.

49 Ohio St. 2d 261 (1977)

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

Supreme Court of Ohio.

Decided March 23, 1977.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Thomas J. Tenivick, for appellant.

Ticktin, Baron, Kabb & Valore Co., L. P. A., and Mr. Russell Z. Baron, for appellee.

CELEBREZZE, J.

The majority opinion of the Court of Appeals below stated that "* * * the trial judge abused his discretion in refusing to allow the * * * [defendant] to withdraw his plea of guilty." We disagree.

The appellate court's conclusion is premised upon its application of the principles of law announced in Cleveland v. Whipkey (1972), 29, Ohio App. 2d 79, and Boykin v. Alabama (1969), 395 U.S. 238

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