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STATE v. HUBER

No. 98206.

2012 Ohio 6139

STATE OF OHIO, PLAINTIFF-APPELLEE, v. JOSEPH A. HUBER, DEFENDANT-APPELLANT.

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

Released and Journalized: December 27, 2012.

Attorney(s) appearing for the Case

Joseph Vincent Pagano , P.O. Box 16869, Rocky River, Ohio 44116, Attorney for Appellant.

Timothy J. McGinty , Cuyahoga County Prosecutor, BY: Daniel T. Van , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Boyle, P.J., Jones, J., and Keough, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, P.J.

{¶1} Defendant-appellant, Joseph A. Huber, appeals from a judgment issued by the trial court after it resentenced him pursuant to a remand by this court. He raises three assignments of error for our review:

[1.] The trial court lacked jurisdiction to proceed with resentencing because the appellate court's decision granting reconsideration was void where only two judges participated...

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