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STATE v. TATE

No. 2013-0910.

140 Ohio St.3d 442 (2014)

2014-Ohio-3667

THE STATE OF OHIO, APPELLANT, v. TATE, APPELLEE.

Supreme Court of Ohio.

Decided September 4, 2014.

Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and James M. Price , Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik , Cuyahoga County Public Defender, and Paul Kuzmins , Assistant Public Defender, for appellee.

FRENCH, J.

{¶ 1} In this case, the court of appeals, sua sponte, vacated the convictions of appellee, James Tate II, after finding insufficient evidence proving his identity as the perpetrator. Because the evidence of this fact was overwhelming, undisputed, and not mentioned in the court of appeals' opinion, we reverse.

Background

{¶ 2} In May 2011, the Cuyahoga County Grand Jury indicted Tate on counts...

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