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STATE v. GOODE

Appellate No. 23566.

2010 Ohio 4154

State of Ohio, Plaintiff-Appellant, v. Randall T. Goode, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on September 3, 2010.

Attorney(s) appearing for the Case

Carley J. Ingram, Atty. Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Victor A. Hodge, Atty. Reg. No. 0007298, Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.

OPINION

DINKELACKER, J.

{¶ 1} The State of Ohio appeals the decision of the trial court refusing to conduct a hearing pursuant to R.C. 2945.39 on the grounds that it was unconstitutional, as determined by this court's decision in State v. Williams.1 Since that opinion has subsequently been reversed by the Supreme Court of Ohio,2 we reverse.

{¶ 2}...

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