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STATE v. GONZALES

Nos. 2015-0384 and 2015-0385.

150 Ohio St.3d 276 (2017)

2017-Ohio-777

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

Supreme Court of Ohio.

Decided March 6, 2017.

Attorney(s) appearing for the Case

Paul A. Dobson , Wood County Prosecuting Attorney, and David T. Harold and Thomas A. Matuszak , Assistant Prosecuting Attorneys, for appellant.

Mayle, Ray & Mayle, L.L.C., Andrew R. Mayle , Jeremiah S. Ray , and Ronald J. Mayle , for appellee.

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Assistant Prosecuting Attorney; and Dennis P. Will , Lorain County Prosecuting Attorney, and Matthew A. Kern , Assistant Prosecuting Attorney, urging reconsideration for amicus curiae Ohio Prosecuting Attorney's Association.

Timothy Young , Ohio Public Defender, and Carrie Wood , Assistant State Public Defender, opposing reconsideration for amicus curiae Office of the Ohio Public Defender.

O'NEILL, J., dissents, with an opinion.

{¶ 1} This matter is before us as a result of a motion for reconsideration filed by appellant, the state of Ohio.1 Appellee, Rafael Gonzales, filed a memorandum opposing reconsideration.2

{¶ 2} In State v. Gonzales,

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