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STATE v. HATFIELD

No. 2008-0045.

121 Ohio St.3d 1201 (2009)

2009-Ohio-353

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

Supreme Court of Ohio.

Decided February 5, 2009.

Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Shelley M. Pratt, Assistant Prosecuting Attorney, for appellant.

Ashtabula County Public Defender, Inc., and Joseph A. Humpolick, for appellee.

Dennis P. Will, Lorain County Prosecuting Attorney, and Billie Jo Belcher, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

PFEIFER, LUNDBERG STRATTON, LANZINGER, and CUPP, JJ., concur.

MOYER, C.J., and O'CONNOR and O'DONNELL, JJ., dissent.

O'CONNOR, J., dissenting.

{¶ 2} I disagree strongly with the court's decision to dismiss this appeal as having been improvidently accepted.

{¶ 3} I believe that the jury's...

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