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STATE v. BURKE

No. 93258.

188 Ohio App.3d 777 (2010)

2010-Ohio-3597

The STATE of Ohio, Appellant, v. BURKE, Appellee.

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

Decided August 5, 2010.

Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Kristen L. Sobieski , Assistant Prosecuting Attorney, for appellant.

Stephen McGowan , for appellee.

SEAN C. GALLAGHER, Administrative Judge.

{¶ 1} Pursuant to Loc.App.R. 26, this court granted en banc consideration in this matter and convened an en banc conference in accordance with McFadden v. Cleveland State Univ., 120 Ohio St.3d 54, 2008-Ohio-4914, 896 N.E.2d 672.

{¶ 2} We hereby vacate the court's decision released...

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