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STATE v. YATES

Appellate No. 24823.

2012 Ohio 1781

STATE OF OHIO, Plaintiff-Appellee, v. REJUAN YATES, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on April 20, 2012.

Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by KIRSTEN BRANDT , Atty. Reg. #0070162, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

JOSHUA CARTER , Atty. Reg. #0084925, 10044 Meadow Woods Lane, Dayton, Ohio 45458, Attorney for Defendant-Appellant.

OPINION

HALL, J.

{¶ 1} Rejuan Yates appeals from being resentenced for possession of drugs. We reversed his original sentence and remanded for resentencing because new information was presented at the sentencing hearing to which the trial court did not give Yates a chance to respond, and it was not clear if the court used the information in fashioning the sentence. State v. Yates, 195 Ohio App.3d 33

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