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STATE v. COLE

No. 91305.

2010 Ohio 6639

State of Ohio, Plaintiff-Appellee, v. Mario Cole, Defendant-Appellant.

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

JOURNALIZED: March 22, 2010.

Attorney(s) appearing for the Case

Timothy Young , State Public Defender, By: Kelly K. Curtis , Assistant State Public Defender, 250 East Broad Street, Suite 1400, Cleveland, Ohio 43215, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Thorin Freeman , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Gallagher, A.J., Boyle, J., and Sweeney, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, A.J.

{¶ 1} This cause is before us on remand from the Ohio Supreme Court to reconsider our decision in light of the court's recent decision in State v. Cargile, 123 Ohio St.3d 343, 2009-Ohio-4939, 916 N.E.2d 775.

{¶ 2} In State v. Cole, Cuyahoga App. No. 91305, 2008-Ohio-6647, we reversed and vacated the...

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