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STATE v. EVANS

No. 2008-0363.

122 Ohio St.3d 381 (2009)

2009-Ohio-2974

THE STATE OF OHIO, Appellant, v. EVANS, Appellee.

Supreme Court of Ohio.

Decided July 7, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik, Cuyahoga County Public Defender, and David M. King and John T. Martin, Assistant Public Defenders, for appellee.

O'DONNELL, J.

{¶ 1} In this matter, we are called upon to determine whether robbery is a lesser included offense of aggravated robbery. In resolving that issue, it is necessary to revisit the test for lesser included offenses set forth in State v. Deem (1988), 40 Ohio St.3d 205, 533 N.E.2d 294.

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