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STATE v. CARTER

No. 90504

2009 Ohio 5961

State of Ohio, Plaintiff-Appellee, v. Marcus Carter, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released: November 12, 2009.

Attorney(s) appearing for the Case

Robert L. Tobik, Cuyahoga County Public Defender By: Erika B. Cunliffe, Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Steven E. Gall, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Blackmon, J., Gallagher, P.J., and McMonagle, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} This cause is before us on remand from the Ohio Supreme Court for further review of our decision released August 14, 2008. The Supreme Court specifically ordered as follows:

"On consideration thereof, the judgment of the court of appeals is reversed on the authority of State v. Harris, 122 Ohio St.3d 373

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