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STATE v. JACKSON

No. L-92-402.

90 Ohio App.3d 702 (1993)

The STATE of Ohio, Appellant, v. JACKSON, Appellee.

Court of Appeals of Ohio, Lucas County.

Decided September 30, 1993.

Attorney(s) appearing for the Case

Douglas Wood, for appellant.

Paul Geller, for appellee.

ABOOD, Judge.

This is an appeal by the state from a judgment of the Sylvania Municipal Court which granted appellee Donald A. Jackson's oral motion to dismiss or strike the penalty-enhancement portion of the theft charge that had been placed against him and reduced it from a felony of the third degree to a misdemeanor of the first degree. Appellant sets forth the following three assignments of error on appeal:

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