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STATE EX REL. DeWINE v. BURGE

No. 2010-1216.

128 Ohio St.3d 1230 (2011)

2011-Ohio-1755

THE STATE EX REL. DeWINE, ATTY. GEN., ET AL., APPELLANTS, v. BURGE, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided April 19, 2011.

Attorney(s) appearing for the Case

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, David M. Lieberman , Deputy Solicitor, and M. Scott Criss , Assistant Attorney General; and Dennis P. Will , Lorain County Prosecuting Attorney, and Billie Jo Belcher , Assistant Prosecuting Attorney, for appellants.

James M. Burge , pro se.

Jack W. Bradley , Brian J. Darling , and Michael E. Stepanik , for intervening respondent-appellee.

Timothy Young , Ohio Public Defender, and E. Kelly Mihocik , Assistant Public Defender, in support of intervening respondent-appellee on behalf of amicus curiae, Ohio Public Defender.

ON MOTION FOR RECONSIDERATION

{¶ 1} On January 27, 2011, the court reversed the judgment of the court of appeals in this case and granted a writ of prohibition to compel appellee, Lorain County Court of Common Pleas Judge James M. Burge, to vacate his acquittal of Nancy Smith and to issue a corrected sentencing entry that complies with Crim.R. 32(C). State ex rel. DeWine v. Burge, 128 Ohio St.3d 236

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