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STATE v. HICKS

No. 46981.

14 Ohio App. 3d 25 (1984)

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

Court of Appeals of Ohio, Cuyahoga County.

Decided February 13, 1984.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, for appellee.

Ms. Patricia Walsh, for appellant.

JACKSON, P.J.

Appellant, Reginald Hicks, was indicated for and convicted of the offense of aggravated robbery, a violation of R.C. 2911.01. One of the elements to be proven by the prosecution is that appellant possessed, carried or used a "deadly weapon" in the commission of this crime. The evidence disclosed that appellant held a toy pistol to the victim's head during the attempted robbery. Appellant's sole assignment of

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