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STATE v. SMITH

No. 2004-2152.

105 Ohio St.3d 289 (2005)

2005-Ohio-1651

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

Supreme Court of Ohio.

Decided April 20, 2005.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellant.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for resentencing consistent with State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864.

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

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