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STATE v. MARTIN

C.A. No. 24534.

2009 Ohio 4338

State of Ohio, Appellee, v. Thomas W. Martin, Jr., Appellant.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: August 26, 2009.

Attorney(s) appearing for the Case

Wesley A. Johnston, Attorney at Law, for Appellant.

Sherri Bevan Walsh, Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

BELFANCE, Judge.

{¶1} Appellant Thomas Martin, Jr. appeals his sentence and conviction from the Summit County Court of Common Pleas. In light of the following, we vacate Martin's sentence and remand to the trial court for resentencing.

I.

{¶2} On September 22, 2008, officers from the Summit County Sheriff's Office responded to a domestic violence call. When they arrived at the...

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