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STATE v. ORTIZ

No. 91819.

2010 Ohio 3713

State of Ohio, Plaintiff-Appellee, v. Efrain Ortiz, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: August 12, 2010.

Attorney(s) appearing for the Case

Richard Agopian, The Hilliard Building, 1415-1419 West Ninth Street, Second Floor, Cleveland, Ohio 44113, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Kevin R. Filiatraut, Asst. County Prosecutor, 8th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Blackmon, J., Rocco, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} This cause is before this court on remand from the Supreme Court of Ohio. In State v. Ortiz, Cuyahoga App. No. 91819, 2009-Ohio-4982, we held that the trial court erred by failing to merge Ortiz's felonious assault counts and attempted murder count. As a result of our holding, we declined to address the second and sixth assigned errors because they were moot.

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