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STATE v. WASHINGTON

No. 2012-1070.

137 Ohio St.3d 427 (2013)

2013-Ohio-4982

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

Supreme Court of Ohio.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Dennis P. Will , Lorain County Prosecuting Attorney, and Mary R. Slanczka , Assistant Prosecuting Attorney, for appellant.

Timothy Young , Ohio Public Defender, and Stephen P. Hardwick , Assistant Public Defender, for appellee.

FRENCH, J.

{¶ 1} In this case, we consider the impact of our syllabus in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, which instructs courts that a defendant's conduct "must be considered" when determining whether multiple offenses merge at sentencing pursuant to R.C. 2941.25. We hold that the court of appeals erred by relying on Johnson for the proposition that a...

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