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STATE v. SMITH

No. 2007-0268.

121 Ohio St.3d 409 (2009)

2009-Ohio-787

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

Supreme Court of Ohio.

Decided March 4, 2009.

Attorney(s) appearing for the Case

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

Michaela M. Stagnaro, for appellant.

O'DONNELL, J.

{¶ 1} Danielle Smith seeks reconsideration of our decision to affirm her conviction for fifth-degree felony theft in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, asserting that the value of the stolen property is an essential element that must be charged in the indictment. In our decision, however, we stated that "the elements of theft do not<...

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