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STATE v. HEATH

No. 86724.

170 Ohio App.3d 366 (2007)

2007-Ohio-536

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

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided February 8, 2007.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Jon W. Oebker and Mark J. Mahoney, Assistant Prosecuting Attorneys, for appellant.

Synenberg & Associates, L.L.C., Roger M. Synenberg, and Dominic J. Coletta, for appellee.

SEAN C. GALLAGHER, Judge.

{¶ 1} Appellant, the state of Ohio, appeals the sentence of community control imposed upon appellee, Traci Heath ("Heath"), for two first-degree felonies in the Cuyahoga County Court of Common Pleas. For the reasons stated below, we vacate the sentence imposed and remand the cause for resentencing pursuant to R.C. 2953.08(G)(2)(a).

{¶ 2} Heath was indicted on September 15, 2004, with one count of...

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