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STATE v. WERNER

Nos. OT-05-038 and OT-05-052.

168 Ohio App.3d 272 (2006)

2006-Ohio-3866

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

Court of Appeals of Ohio, Sixth District, Ottawa County.

Decided July 28, 2006.

Attorney(s) appearing for the Case

Mark Mulligan, Ottawa County Prosecuting Attorney, and Lorrain R. Croy, Assistant Prosecuting Attorney, for appellee.

Michael W. Sandwisch, for appellant.

SINGER, Presiding Judge.

{¶ 1} This is an appeal from a judgment of the Ottawa County Court of Common Pleas, ordering continued commitment of a defendant found not guilty of burglary by reason of insanity. We conclude that the trial court's determination that appellant is mentally ill subject to hospitalization was proper, given the evidence before it; however, we also find that the trial court improperly denied appellant appointment of an independent...

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