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STATE v. PATTERSON

No. 97-64.

81 Ohio St.3d 524 (1998)

THE STATE OF OHIO, APPELLANT, v. PATTERSON, APPELLEE.

Supreme Court of Ohio.

Decided April 29, 1998.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Mark Mahoney, Assistant Prosecuting Attorney, for appellant.

James A. Draper, Cuyahoga County Public Defender, and Donald Green, Assistant Public Defender, for appellee.

MOYER, C.J.

This case involves the interplay between former R.C. 2925.03 and former R.C. 2929.11. Appellant argues that a term of actual incarceration pursuant to R.C. 2925.03(C)(4) may be ordered to run consecutively to a definite term of incarceration imposed under R.C. 2929.11(D)(1) even when such a sentence exceeds the maximum penalty set forth in R.C. 2929.11(D)(1). For the reasons that follow, we disagree.

A term of actual incarceration mandated by R...

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