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CITY OF HILLIARD v. ELFRINK

No. 95-2440.

77 Ohio St.3d 155 (1996)

CITY OF HILLIARD, APPELLEE, v. ELFRINK, APPELLANT.

Supreme Court of Ohio.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, William G. Porter II and Susan M. Barrett, for appellee.

Judith M. Stevenson, Franklin County Public Defender, and John W. Keeling, Assistant Public Defender, for appellant.

ALICE ROBIE RESNICK, J.

We affirm the judgment of the court of appeals on the first certified issue (double jeopardy) based on this court's decision in State v. Gustafson (1996), 76 Ohio St.3d 425, 668 N.E.2d 435. Therefore, this opinion will address only the second certified issue.

The relevant issue certified for our review is: "[W]hether the failure...

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