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STATE v. CARTER

C.A. Case No. 24995.

2012 Ohio 4617

STATE OF OHIO, Plaintiff-Appellant, v. MALCOLM J. CARTER, Defendant-Appellee.

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

Rendered on October 5, 2012.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Prosecuting Attorney, Johnna M. Shia , Assistant Prosecuting Attorney, Atty. Reg. No. 0067685, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Tina M. McFall , Atty. Reg. No. 0082586, 117 South Main Street, Suite 400, Dayton, Ohio 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 State's assignment of error...

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