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STATE v. STALL

No. 3-10-12.

2011 Ohio 5733

State of Ohio, Plaintiff-Appellee, v. Malcolm Stall, Defendant-Appellant.

Court of Appeals of Ohio, Third District, Crawford County.

Date of Decision: November 7, 2011.

Attorney(s) appearing for the Case

Geoffrey L. Stoll , for Appellant.

Clifford J. Murphy , for Appellee.

OPINION

PRESTON, J.

{¶1} Defendant-appellant, Malcom Stall (hereinafter "Stall"), appeals the Crawford County Court of Common Pleas' judgment denying his motion to merge offenses as allied offenses of similar import. For the reasons stated herein, we reverse.

{¶2} The instant case is before us upon remand after the Ohio Supreme Court vacated our original judgment in State v. Lee, et al., 

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