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STATE v. LOZADA

No. 2019-1250.

163 N.E.3d 500 (2020)

161 Ohio St.3d 336

2020-Ohio-3756

The STATE of Ohio, Appellant, v. LOZADA, Appellee.

Supreme Court of Ohio.

Decided July 21, 2020.

Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Gregory Ochocki , Assistant Prosecuting Attorney, for appellant.

Patituce & Associates, L.L.C., Joseph C. Patituce , Megan M. Patituce , Cleveland, and C. Adam Carro , for appellee.

{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Miller, 159 Ohio St.3d 447, 2020-Ohio-1420, 151 N.E.3d 617, and the cause is remanded to the court of appeals for consideration of appellee Ricardo Lozada's remaining assignments of error.

O'Connor, C.J., and Kennedy, Fischer, DeWine, and Stewart, JJ., concur.

French and Donnelly, JJ., would instruct the court of appeals to apply Miller...

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