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STATE v. PETTY

No. 2009-0132.

121 Ohio St.3d 607 (2009)

2009-Ohio-1906

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

Supreme Court of Ohio.

Decided April 29, 2009.

Attorney(s) appearing for the Case

James J. Mayer Jr., Richland County Prosecuting Attorney, and Kirsten Pscholka-Gartner, Assistant Prosecuting Attorney, for appellee.

Shaw & Miller and Mark J. Miller, for appellant.

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.

{¶ 2} The judgment of the court of appeals is reversed as to its ruling on appellant's eleventh assignment of error below, and the cause is remanded to the trial court for resentencing consistent with State v. Bezak, 114 Ohio St.3d 94, 2007-Ohio-3250, 868 N.E.2d 961.

MOYER, C.J., and LUNDBERG STRATTON...

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