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STATE v. BUHRMAN

No. 08-CA-09.

180 Ohio App.3d 790 (2009)

2009-Ohio-689

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

Court of Appeals of Ohio, Second District, Greene County.

Decided February 13, 2009.

Attorney(s) appearing for the Case

Stephen K. Haller, Greene County Prosecuting Attorney, and Elizabeth A. Ellis, Assistant Prosecuting Attorney, for appellee.

Michael B. Buhrman, pro se.

FAIN, Judge.

{¶ 1} Defendant-appellant, Michael Buhrman, appeals from the trial court's dismissal without prejudice of his petition for postconviction relief. He argues that the trial court erred in dismissing his petition without making any determination on either the merits or the timeliness of the petition. The state agrees with this position. Because we conclude that the trial court should not have dismissed Buhrman's petition without addressing...

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