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STATE v. SAPLAK

No. 97825.

2012 Ohio 4281

STATE OF OHIO, PLAINTIFF-APPELLEE, v. JOHN J. SAPLAK, DEFENDANT-APPELLANT.

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

Released and Journalized: September 20, 2012.

Attorney(s) appearing for the Case

Mark R. Marshall , P.O. Box 451146, Westlake, Ohio 44145, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Erin Stone , Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Kilbane, J., Rocco, P.J., and Keough, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶1} Defendant-appellant, John Saplak, appeals from his conviction for a felony violation of R.C. 2913.02(A)(1). For the reasons set forth below, we affirm the conviction, vacate his sentence, and remand for resentencing.

{¶2} On September 27, 2011, defendant was indicted by information in connection with events occurring from August 9, 2011 to September 9, 2011...

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