State v. Horton

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[Cite as State v. Horton, 105 Ohio St.3d 1209, 2005-Ohio-788.] THE STATE OF OHIO, APPELLEE, v. HORTON, APPELLANT. [Cite as State v. Horton, 105 Ohio St.3d 1209, 2005-Ohio-788.] Appeal dismissed as improvidently accepted. (No. 2004-0523 Submitted February 16, 2005 Decided March 16, 2005.) APPEAL from the Court of Appeals for Stark County, No. 2003CA00097, 2004-Ohio-613. __________________ {ΒΆ 1} The cause is dismissed, sua sponte, as having been improvidently accepted. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL and LANZINGER, JJ., concur. __________________ John D. Ferrero Jr., Stark County Prosecuting Attorney, and Kathleen O. Tatarsky, Assistant Prosecuting Attorney, for appellee. David H. Bodiker, State Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant. _____________________ 1

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