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STATE v. PRESTON

No. 03AP-401.

155 Ohio App.3d 367 (2003)

2003-Ohio-6187

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

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, Steven L. Taylor and Seth L. Gilbert, Assistant Prosecuting Attorneys, for appellant.

Fusco, Mackey, Mathews, Smith & Watkins, L.L.P., and Gregory B. Mathews, for appellee.

KLATT, Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from a judgment of the Franklin County Court of Common Pleas that placed defendant-appellee, Gary H. Preston, on community control after he pled guilty to one count of theft in violation of R.C. 2913.02. Because the trial court erred by imposing community control sanctions without considering a presentence investigation report, we reverse the trial court's judgment and remand this matter for...

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