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STATE v. WHITE

Nos. 07-COA-037, 07-COA-038

2009 Ohio 3869

State of Ohio, Plaintiff-Appellant, v. Maxwell D. White, Jr., Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Ashland County.

DATE OF JUDGMENT ENTRY: August 3, 2009.

Attorney(s) appearing for the Case

Ramona Rogers, Ashland County Prosecuting Attorney, By: Paul Lange, Assistant Prosecuting Attorney, 307 Orange Street, Ashland, Ohio 44805, for Plaintiff-Appellant.

Marc Dann, Ohio Attorney General, Brian J. Laliberte, Henry G. Appel, Zachary Swisher, Assistant Attorneys General, 30 East Broad Street 17th Floor, Columbus, Ohio 43215, For Amicus Curae.

David Bodiker, Ohio Public Defender, Stephen P. Hardwick, Kelly L. Culshaw, Assistant Public Defender, 8 East Long Street, 11th Floor, Columbus, Ohio 43215, For Defendant-Appellee.

Nathan Ray, 137 South Main Street, Suite 201, Akron, Ohio 44308, for Defendant-Appellee.

Before: Hon. Sheila G. Farmer, P.J., Hon. W. Scott Gwin, J., Hon. William B. Hoffman, J.

OPINION

HOFFMAN, J.

{¶1} Plaintiff-appellant State of Ohio appeals the July 12, 2007 Judgment Entry entered by the Ashland County Court of Common Pleas, which found R.C. 2929.06, effective March 23, 2005, unconstitutional as applicable to defendant-appellee Maxwell D. White, Jr., and ordered Appellee be sentenced under the provisions of R.C. 2929.06, in effect as of January 19, 1996, the date of the offenses.

STATEMENT OF THE CASE...

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