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STATE v. GRAOR

No. 71735.

126 Ohio App.3d 488 (1998)

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

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided March 2, 1998.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Carmen M. Marino and L. Christopher Frey, Assistant Prosecuting Attorneys, for appellant.

Berkman, Gordon, Murray & DeVan, J. Michael Murray and Lorraine R. Baumgardner, for appellee.

JAMES D. SWEENEY, Judge.

Plaintiff-appellant state of Ohio appeals from the November 14, 1996 dismissal of two counts of theft (R.C. 2913.02) against defendant-appellee Robert A. Graor on the basis of the following: (1) double jeopardy provisions included in the Fifth and Fourteenth Amendments to the United States Constitution and Section 10, Article I of the Ohio Constitution and (2) the application of R.C. 2913.61(C). For the reasons adduced below, we affirm.

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