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STATE v. FAIRBANKS

No. 2006-1529.

117 Ohio St.3d 543 (2008)

2008-Ohio-1470

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

Supreme Court of Ohio.

Decided April 3, 2008.

Attorney(s) appearing for the Case

Michael M. Ater, Ross County Prosecuting Attorney, and Judith Heimerl Brown, Assistant Prosecuting Attorney, for appellant.

James T. Boulger, for appellee.

CUPP, J.

{¶ 1} The issue presented in this case is whether reckless operation of a vehicle, R.C. 4511.20, is a lesser included offense of failure to comply with an order or signal of a police officer, R.C. 2921.331(B), when the failure-to-comply charge is accompanied by a specification of causing a substantial risk of serious physical harm to persons or property pursuant to R.C. 2921...

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