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STATE v. CUNNINGHAM

No. 2005-1780.

113 Ohio St.3d 108 (2007)

2007-Ohio-1245

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

Supreme Court of Ohio.

Decided April 4, 2007.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Steven Gall, Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik and Cullen Sweeney, for appellee.

O'DONNELL, J.

{¶ 1} The state appeals from an order of the Eighth District Court of Appeals that dismissed its appeal and held that an order granting judicial release for a felony of the fifth degree did not constitute a final, appealable order pursuant to R.C. 2953.08. After reviewing the history of this case and the relevant statutory authority, we affirm that decision.

{¶ 2} On September 10, 2003, Kim Cunningham...

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