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STATE v. DEANDA

No. 2012-0471.

136 Ohio St.3d 18 (2013)

2013-Ohio-1722

THE STATE OF OHIO, Appellant, v. DEANDA, Appellee.

Supreme Court of Ohio.

Decided May 1, 2013.

Attorney(s) appearing for the Case

Derek W. DeVine , Seneca County Prosecuting Attorney, and Brian O. Boos , Assistant Prosecuting Attorney, for appellant.

John M. Kahler II , for appellee.

Timothy Young , Ohio Public Defender, and Jeremy J. Masters , Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.

O'NEILL, J.

{¶ 1} In this case, we are called upon to determine whether felonious assault through causing serious physical harm is a lesser included offense of attempted murder. Based on our interpretation of the applicable statutes and extension of our holdings in State v. Smith, 117 Ohio St.3d 447, 2008-Ohio-1260, 884 N.E.2d 595, and State v. Evans, 122...

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