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STATE v. NEWBERRY

Nos. 1672, 1704.

77 Ohio App.3d 818 (1991)

The STATE of Ohio, Appellee, v. NEWBERRY, Appellant. The STATE of Ohio, Appellee, v. MICK, Appellant.

Court of Appeals of Ohio, Ross County.

Decided October 24, 1991.

Attorney(s) appearing for the Case

Richard G. Ward, Prosecuting Attorney, and William H. Allyn, Jr., Assistant Prosecuting Attorney, for appellee.

Alfred E. Baerkircher, for appellants.

STEPHENSON, Presiding Judge.

This is a consolidated appeal taken from judgments of conviction and sentence entered by the Common Pleas Court of Ross County, Ohio, sentencing Brenda Newberry and Linda Mick, defendants below and appellants herein, to suspended prison terms and five years of probation for theft in violation of R.C. 2913.02. Appellants jointly assign the following error for review:

"Admission to a prosecutor's diversion program authorized by R...

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