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STATE v. LYTLE

No. 88-2200.

49 Ohio St. 3d 154 (1990)

THE STATE OF OHIO, APPELLEE, v. LYTLE, A.K.A. PAYCHECK, APPELLANT.

Supreme Court of Ohio.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Rocky A. Coss, prosecuting attorney, for appellee.

Ralph C. Buss, for appellant.

David E. Landefeld, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys Assn.

WRIGHT, J.

The only issue certified to this court by the court of appeals is: If a defendant is indicted for a second-degree felony with a firearm specification but convicted of a lesser included, third- or fourth-degree felony not set forth in the indictment, does the firearm specification accompanying the greater offense in the indictment apply to the lesser offense for purposes of sentencing? In Tyson, supra,...

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