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STATE v. HUNTER

No. 2008-0661.

123 Ohio St.3d 164 (2009)

2009-Ohio-4147

The STATE of Ohio, Appellee, v. HUNTER, Appellant.

Supreme Court of Ohio.

Decided August 25, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and T. Allan Regas, Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.

O'DONNELL, J.

{¶ 1} This case presents two issues for our consideration in connection with the statutorily prescribed repeat violent offender specification. The first is whether this court's decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470, severed the repeat violent offender specification from the Revised Code and precluded trial courts from imposing an enhanced penalty...

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