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STATE v. SMITH

No. 2003-1194.

104 Ohio St.3d 106 (2004)

2004-Ohio-6238

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

Supreme Court of Ohio.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Charles S. Howland, Morrow County Prosecuting Attorney, and Gregory A. Perry, Assistant Attorney General and Special Assistant Morrow County Prosecutor, for appellant.

David H. Bodiker, Ohio Public Defender, and Theresa G. Haire, Assistant Public Defender, for appellee.

William F. Shenck Jr., Greene County Prosecuting Attorney, and Cheri L. Stout, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} In this case, we are called upon to interpret the requirements for a sexually violent predator specification found in R.C. Chapter 2971, which enhances the sentence of a person "who is convicted of or pleads guilty to a sexually violent offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included...

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