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STATE v. VARNEY

Nos. 90-1600 and 90-1829.

62 Ohio St.3d 274 (1991)

THE STATE OF OHIO, APPELLANT AND APPELLEE, v. VARNEY, APPELLEE AND APPELLANT.

Supreme Court of Ohio.

Decided December 18, 1991.

Attorney(s) appearing for the Case

Jeffrey M. Welbaum, Prosecuting Attorney, for appellant and appellee.

Konrad Kuczak, for appellee and appellant.

Per Curiam.

The state's appeal in case No. 90-1600 is dismissed, sua sponte, as having been improvidently allowed.

In case No. 90-1829, the defendant appeals pursuant to a certification by the Second District Court of Appeals that its judgment is in conflict with the judgment of the Twelfth District Court of Appeals in State v. Winkelman (1981), 2 Ohio App.3d 465

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