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STATE v. OWENS

No. 2009-0637.

123 Ohio St.3d 1204 (2009)

2009-Ohio-4086

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

Supreme Court of Ohio.

Decided August 20, 2009.

Attorney(s) appearing for the Case

Paul J. Gains, Mahoning County Prosecuting Attorney, and Gabriel M. Wildman and Ralph Rivera, Assistant Prosecuting Attorneys, for appellant.

Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for amicus curiae, Ohio Public Defender.

ON MOTION TO STRIKE NOTICE OF APPEAL AND TO DISMISS.

{¶ 1} The Ohio Public Defender has filed a motion to strike the state's notice of appeal and to dismiss the appeal in this case because of the state's failure to serve the notice of appeal on the Ohio Public Defender as required by S.Ct.Prac.R. XIV(2)(A)(3), which provides as follows: "In a case involving a felony, when a county prosecutor files...

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