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STATE v. NUTTER

Nos. 91073, 91074, 91075, 91076, 91848, 91849, 91850, 91851

2009 Ohio 723

State of Ohio, Plaintiff-Appellant, v. Brian Nutter, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 19, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Diane Smilanick, Assistant Prosecuting Attorney, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Ralph T. DeFranco, 1370 Ontario Street, Suite 1240, Cleveland, Ohio 44113, Attorney for Appellee.

Before: Blackmon, J., Gallagher, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} In this consolidated appeal, appellant State of Ohio appeals the trial court's modification of appellee Brian Nutter's sentence, and the court's granting of judicial release pending appeal. The State assigns the following errors for our review:

"I. The trial court committed error by ordering a modification of a previously imposed, lawful sentence which had gone into execution...

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