State of Ohio, Plaintiff-Appellee,
v.
William Himes, Defendant-Appellant.
Court of Appeals of Ohio, Seventh District, Mahoning County.https://leagle.com/images/logo.png
Dated: January 22, 2010.
Dated: January 22, 2010.
Attorney(s) appearing for the Case
Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.
Attorney Wesley Johnston, 111 Broad Street, Suite 207, Wadsworth, Ohio 44281, for Defendant-Appellant.
Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Mary DeGenaro.
Court of Appeals of Ohio, Seventh District, Mahoning County.
OPINION AND JUDGMENT ENTRY
PER CURIAM:
¶{1} Appellee, State of Ohio, has filed an App.R. 26(A) application to reconsider our decision in State v. Himes, 7th Dist. No. 08MA146, 2009-Ohio-6406 wherein we sustained appellant's fourth assignment of error. Therein, we merged appellant's convictions in counts five and six: complicity to vaginal rape and complicity to digital rape. Before doing so, we set forth the statutory merger test...
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