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STATE v. HELMS

No. 2010-1953.

128 Ohio St.3d 352 (2011)

2011-Ohio-738

THE STATE OF OHIO, Appellant and Cross-Appellee, v. HELMS, Appellee and Cross-Appellant.

Supreme Court of Ohio.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Paul J. Gains , Mahoning County Prosecuting Attorney, and Ralph M. Rivera , Assistant Prosecuting Attorney, for appellant and cross-appellee.

Gary L. Van Brocklin , for appellee and cross-appellant.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The discretionary cross-appeal is not accepted.

{¶ 3} The portion of the judgment of the court of appeals addressing appellant's first assignment of error below is vacated on the authority of State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N...

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