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STATE v. LESTER

No. 2008-1725.

121 Ohio St.3d 1209 (2009)

2009-Ohio-478

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

Supreme Court of Ohio.

Decided February 10, 2009.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Judith Anton Lapp, Assistant Prosecuting Attorney, for appellant.

Christine Y. Jones, for appellee.

Timothy Young, Ohio Public Defender, and Spencer Cahoon, Assistant Public Defender, for amicus curiae, Ohio Public Defender.

ON MOTION TO DISMISS.

{¶ 1} The discretionary appeal in this case was accepted on December 3, 2008. 120 Ohio St.3d 1416, 2008-Ohio-6166, 897 N.E.2d 652.

{¶ 2} On December 17, 2008, the Ohio Public Defender filed a motion to strike the state's notice of appeal and dismiss the appeal because of the state's failure to serve the notice of appeal on the Ohio Public Defender as required...

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