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STATE v. SMITH

No. 1999-0905.

97 Ohio St.3d 367 (2002)

2002-Ohio-6659

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

Supreme Court of Ohio.

Decided December 13, 2002.

Attorney(s) appearing for the Case

James J. Mayer Jr., Richland County Prosecuting Attorney, and John R. Spon, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, Ohio Public Defender, Joseph E. Wilhelm, Appellate Supervisor, and Kelly Culshaw, Assistant Public Defender, for appellant.

FRANCIS E. SWEENEY, SR., J.

{¶ 1} In April 1998, defendant-appellant, Steven Smith, met and started dating Keysha Frye. A short time later, Smith moved in with Frye and her two young daughters, Ashley, age two, and Autumn, six months. In the middle of September 1998, Frye asked Smith to move out due to his heavy drinking. However, Smith moved back in after he promised Frye that he would stop drinking. Around this same time, Smith was fired from his...

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