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STATE v. LOZIER

No. 2002-0900.

101 Ohio St.3d 161 (2004)

2004-Ohio-732

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

Supreme Court of Ohio.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Robert D. Rinfret, Holmes County Prosecuting Attorney, and Jeffrey A. Mullen, Assistant Prosecuting Attorney, for appellant.

J. Dean Carro, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Rebecca L. Thomas, Assistant Solicitor, urging reversal for amicus curiae Ohio Attorney General.

David H. Bodiker, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.

Submitted April 30, 2003, at the Ross County Session.

PFEIFER, J.

Factual and Procedural Background

{¶ 1} On February 14, 2001, the Holmes County Grand Jury indicted defendant-appellee, Chad A. Lozier, for trafficking in drugs in violation of 2925.03(A). All five counts against appellee contained a specification that appellee sold drugs within the vicinity of a school, which enhances the penalty under R.C. 2925.03(C)(5)(b). Count...

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