State v. Borders (Slip Opinion), Slip Opinion No. 2008-Ohio-2197
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Summary
Court of appeals’ judgment affirmed on the authority of State v. Simpkins.
Summary
Court of appeals’ judgment affirmed on the authority of State v. Simpkins.
Text
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Borders, Slip Opinion No. 2008-Ohio-2197.]
NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.
SLIP OPINION NO. 2008-OHIO-2197 THE STATE OF OHIO, APPELLEE, v. BORDERS, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Borders, Slip Opinion No. 2008-Ohio-2197.] Court of appeals' judgment affirmed on the authority of State v. Simpkins.
(No. 2007-2326 -- Submitted May 6, 2008 -- Decided May 14, 2008.)
APPEAL from the Court of Appeals for Franklin County, No. 07AP-17, 2007-Ohio-5800.
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The discretionary appeal is accepted.
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.
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Ron O'Brien, Franklin County Prosecuting Attorney, and Richard A.
Termuhlen, Assistant Prosecuting Attorney, for appellee.
Shaw & Miller and Mark J. Miller, for appellant.
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