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STATE v. WHARTON

C.A. No. 25662.

2011 Ohio 6601

State of Ohio, Appellee, v. James M. Wharton, Appellant.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: December 21, 2011.

Attorney(s) appearing for the Case

Jana Deloach , Attorney at Law, for Appellant.

Sherri Bevan Walsh , Prosecuting Attorney, and Richard S. Kasay , Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

MOORE, Judge.

{¶1} Appellant, James M. Wharton, appeals from his conviction in the Summit County Court of Common Pleas. This Court vacates and remands for proceedings consistent with this opinion.

I.

{¶2} We considered this case in a previous appeal and summarized the facts as follows:

"[Wharton] was indicted on August 22, 2005, on one count of murder, in violation...

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