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STATE v. LARSON

No. 2004-0556.

103 Ohio St.3d 165 (2004)

2004-Ohio-4757

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

Supreme Court of Ohio.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Donald W. White, Clermont County Prosecuting Attorney, and David H. Hoffmann, Assistant Prosecuting Attorney, for appellant.

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

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

MOYER, C.J., RESNICK, PFEIFER, O'CONNOR and O'DONNELL, JJ., concur.

LUNDBERG STRATTON, J., concurs in part and dissents in part.

F.E. SWEENEY, J., dissents.

LUNDBERG STRATTON, J., concurring in part and dissenting in part.

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