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STATE v. UNDERWOOD

Nos. 2008-2133 and 2008-2228.

124 Ohio St.3d 365 (2010)

2010-Ohio-1

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

Supreme Court of Ohio.

Decided January 5, 2010.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Kelly D. Madzey, Assistant Prosecuting Attorney, for appellant.

Timothy Young, Ohio Public Defender, and Claire R. Cahoon, Assistant Public Defender, for appellee.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, and Robert Kenneth James, Assistant Solicitor, urging reversal for amicus curiae Attorney General of Ohio.

LANZINGER, J.

{¶ 1} This case presents us with the question of whether R.C. 2953.08(D)(1)1 precludes an appeal of a jointly recommended sentence when that sentence includes multiple counts of allied offenses of similar import. Because we conclude that such a sentence is not authorized by law, and is therefore appealable, we affirm.

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