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STATE v. SMALL

No. 04AP-316.

162 Ohio App.3d 375 (2005)

2005-Ohio-3813

The STATE of Ohio, Appellant, v. SMALL, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided July 28, 2005.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellant.

Yeura Venters, Franklin County Public Defender, and Allen V. Adair, Assistant Public Defender, for appellee.

PETREE, Judge.

{¶ 1} Pursuant to App.R. 26(A), defendant-appellee, Darryl L. Small, moves this court to reconsider its decision in State v. Small, 162 Ohio App.3d 325, 2005-Ohio-2291, 833 N.E.2d 736. The state agrees with defendant that we should reconsider our decision. However, the state contends that, even after further analysis, we should still render judgment in the state's favor. For the reasons that...

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