Timothy Young , Ohio Public Defender, and Stephen Goldmeier , Assistant Public Defender, urging reversal on behalf of amicus curiae, Office of the Ohio Public Defender.
Supreme Court of Ohio.
O'DONNELL, J.
{¶ 1} The Ninth District Court of Appeals certified a conflict between its decision in this case and decisions of the Fifth District Court of Appeals in State v. Gillespie, 2012-Ohio-3485, 975 N.E.2d 492 (5th Dist.) and State v. David, 5th Dist. Licking No. 11-CA-110, 2012-Ohio-3984, 2012 WL 3776917, on the following issue: whether the defendant may benefit from the decrease in a classification and penalty...
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