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STATE v. LUNDBERG

C.A. No. 22708.

2009 Ohio 1641

State of Ohio, Plaintiff-Appellee, v. Wayne R. Lundberg, Defendant-Appellant.

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

Rendered on April 3, 2009.

Attorney(s) appearing for the Case

James F. Long, Atty. Reg. No. 0004980, Prosecuting Attorney, City of Kettering, 2325 Wilmington Pike, Kettering, Ohio 45420, Attorney for Plaintiff-Appellee.

Don A. Little, Atty. Reg. No. 0022761, 7501 Paragon Road, Lower Level, Dayton, Ohio 45459, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} Defendant-Appellant Wayne Lundberg appeals from his conviction and sentence for disorderly conduct. For the following reasons, we will affirm his conviction, but remand his case to the trial court for re-sentencing.

I

{¶ 2} Very early in the morning on December 14, 2007, Lundberg arrived at the home he shared with his wife, Rebecca Lundberg, and the couple...

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