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STATE v. PHILBECK

C.A. No. 24903.

2012 Ohio 3723

STATE OF OHIO, Plaintiff-Appellant, v. ROBERT A. PHILBECK, Defendant-Appellee.

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

Rendered on August 17, 2012.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Pros. Attorney; Johnna M. Shia , Asst. Pros. Attorney, Atty. Reg. No. 0067685, P.O. Box 972, Dayton, OH 45422 Attorneys for Plaintiff-Appellant.

Tina McFall , Asst. Public Defender, Atty. Reg. No. 0082586, 117 South Main Street, Suite 400, Dayton, OH 45422, Attorney for Defendant-Appellee.

OPINION

GRADY, P.J.

{¶ 1} This appeal is brought by the State pursuant to R.C. 2945.67(A) and 2953.08(B). The State asks us to reconsider our holding in State v. Milby, 2d Dist. Montgomery No. 23798, 2010-Ohio-6344. We decline to reconsider Milby, and will affirm the judgment of the trial court.

{¶ 2} The facts of the present case relevant to the error the State assigns are...

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