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STATE v. TATE

No. 2012-1861.

138 Ohio St.3d 139 (2014)

2014-Ohio-44

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

Supreme Court of Ohio.

Decided January 15, 2014.

Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Kristen L. Sobieski and James Price , Assistant Prosecuting Attorneys, for appellant.

Christopher R. Fortunato , for appellee.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, urging affirmance for amicus curiae Cuyahoga County Public Defender.

O'DONNELL, J.

{¶ 1} The state appeals from a judgment of the Eighth District Court of Appeals reversing Timothy Tate's felony domestic violence conviction because it determined that the state had failed to establish the necessary element of Tate's prior domestic violence convictions. The record reveals, however, that during trial, the defense stipulated to the authenticity of Tate's two prior first degree misdemeanor domestic violence...

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