State v. Rich

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[Cite as State v. Rich, 118 Ohio St.3d 191, 2008-Ohio-2217.] THE STATE OF OHIO, APPELLEE, v. RICH, APPELLANT. [Cite as State v. Rich, 118 Ohio St.3d 191, 2008-Ohio-2217.] Court of appeals judgment affirmed on the authority of State v. Simpkins. (No. 2007-0456 Submitted May 6, 2008 Decided May 14, 2008.) APPEAL from the Court of Appeals for Stark County, No. 2006 CA 00171, 2007-Ohio-362. __________________ {ΒΆ1} The judgment of the court of appeals is affirmed on the authority of State v. Simpkins, 117 Ohio St.3d 420, 2008-Ohio-1197, 884 N.E.2d 568. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. LANZINGER, J., dissents. __________________ John D. Ferrero, Stark County Prosecuting Attorney, and Ronald Mark Caldwell, Assistant Prosecuting Attorney, for appellee. Timothy Young, State Public Defender, and Kenneth R. Spiert, Assistant State Public Defender, for appellant. ______________________

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