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STATE v. JOHNSON

No. 94813.

2011 Ohio 1919

STATE OF OHIO, PLAINTIFF-APPELLEE, v. ANTHONY JOHNSON, DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: April 21, 2011.

Attorney(s) appearing for the Case

Thomas A. Rein , Leader Building, Suite 940, 526 Superior Avenue, Cleveland, Ohio 44114, ATTORNEY FOR APPELLANT.

William D. Mason , Cuyahoga County Prosecutor, Pinkey S. Carr , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

Before: Jones, J., Blackmon, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, Anthony Johnson ("Johnson"), appeals his conviction and sentence. We affirm the conviction, but reverse the sentence and remand for resentencing.

I. Procedural History and Facts

{¶ 2} In September 2009, Johnson was charged with aggravated murder, with a victim under the age of 13 murder specification, notice of prior conviction, and...

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