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STATE v. BACCUS

No. 2004-2036.

105 Ohio St.3d 288 (2005)

2005-Ohio-1652

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

Supreme Court of Ohio.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Thomas J. Boychan Jr., Assistant Prosecuting Attorney, for appellant.

Benjamin, Yocum & Heather, L.L.C., and Brian A. Lee, for appellee.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals for application of State v. Fraley, 105 Ohio St.3d 13, 2004-Ohio-7110, 821 N.E.2d 995, and consideration of appellee's remaining assignments of error.

MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL...

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