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STATE v. GARDNER

No. 2007-0375.

118 Ohio St.3d 420 (2008)

2008-Ohio-2787

THE STATE OF OHIO, Appellant, v. GARDNER, Appellee.

Supreme Court of Ohio.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R. Lynn Nothstine and Carley J. Ingram, Assistant Prosecuting Attorneys, for appellant.

Richard A. Nystrom, for appellee.

O'CONNOR, J.

{¶ 1} Appellee, Reginald Gardner Jr., was indicted on one count of aggravated burglary in violation of R.C. 2911.11(A)(2), with a firearm specification; one count of felonious assault in violation of R.C. 2903.11(A)(2), with a firearm specification; and one count of burglary in violation of R.C. 2911.12(A)(2). At trial, the jury found him guilty of aggravated burglary with the firearm specification but acquitted him on the...

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