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STATE v. HOUSLEY

Nos. 2003-1084, 2003-1486.

103 Ohio St.3d 133 (2004)

2004-Ohio-4780

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

Supreme Court of Ohio.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Donald W. White, Clermont County Prosecuting Attorney, and David Henry Hoffmann, Assistant Prosecuting Attorney, for appellee.

R. Daniel Hannon, Clermont County Public Defender, and Robert F. Benintendi, Assistant Public Defender, for appellant.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Brooks, 103 Ohio St.3d 134, 2004-Ohio-4746, 814 N.E.2d 837, and the causes remanded to the trial court.

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

LUNDBERG STRATTON and O'DONNELL, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

{¶ 2} I continue to disagree...

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