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STATE v. RICE

No. 89-191.

50 Ohio St. 3d 51 (1990)

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

Supreme Court of Ohio.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Steven C. LaTourette, prosecuting attorney, Karen Lutz Kowall and Michael P. Brown, for appellee.

Paul Mancino, Jr., for appellant.

The judgment of the court of appeals is reversed on authority of State v. Gaines (1989), 46 Ohio St.3d 65, 545 N.E.2d 68.

Judgment reversed.

MOYER, SWEENEY, WRIGHT and H. BROWN, JJ., concur.

HOLMES, DOUGLAS and RESNICK, JJ., dissent.

DOUGLAS, J., dissenting. I would affirm the judgment of the court of appeals on the authority of State v. Murphy (1990),

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