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STATE v. MARUNA

No. 2003-0741.

99 Ohio St.3d 475 (2003)

2003-Ohio-4168

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

Supreme Court of Ohio.

Decided August 27, 2003.

Attorney(s) appearing for the Case

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee.

Paul F. Adamson, for appellant.

{¶ 1} The judgment of the court of appeals is reversed, and the cause is remanded for resentencing on the authority of State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER and O'DONNELL, JJ., concur.

O'CONNOR, J., concurs in judgment based only on stare decisis.

LUNDBERG STRATTON, J., dissents for the reasons stated in Judge Grady's dissenting...

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