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STATE v. JONES

No. 2009-0364.

124 Ohio St.3d 1203 (2009)

2009-Ohio-6188

THE STATE OF OHIO, APPELLANT, v. JONES, APPELLEE.

Supreme Court of Ohio.

Decided December 3, 2009.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia and Michele D. Phipps, Assistant Prosecuting Attorneys, for appellant.

Lucas W. Wilder, for appellee.

Timothy Young, Ohio Public Defender, and Claire R. Cahoon, Assistant Public Defender, urging affirmance for amicus curiae, Ohio Public Defender.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J., and PFEIFER, O'DONNELL, and LANZINGER, JJ., concur.

LUNDBERG STRATTON, O'CONNOR, and CUPP, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

{¶ 2} I respectfully dissent from the majority's decision to dismiss this appeal as having been improvidently accepted because I believe that the court of appeals creates an...

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