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STATE v. LEVINGSTON

Appeal No. C-090235.

2011 Ohio 1665

State of Ohio, Plaintiff-Appellee, v. Marty Levingston, Defendant-Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: April 8, 2011.

Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecutor, and Philip R. Cummings , Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Robert R. Hastings , for Defendant-Appellant.

DECISION.

FISCHER, Judge.

{¶1} Marty Levingston appeals his convictions for murder, felonious assault, and tampering with evidence. Because we conclude, as the state concedes, that the trial court should have merged the offenses of murder and felonious assault as allied offenses of similar import under the facts of this case, we vacate only the sentences for those offenses and remand this case to the trial court for resentencing...

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