STATE v. SMITH

No. 12254.

31 Ohio App. 3d 26 (1986)

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

Court of Appeals of Ohio, Summit County.

Decided March 26, 1986.


Attorney(s) appearing for the Case

Lynn C. Slaby, prosecuting attorney, for appellee.

Richard S. Kasay, for appellant.


GEORGE, J.

Defendant-appellant, Elijah Smith, appeals his conviction for kidnapping (R.C. 2905.01[A][4]) asking this court to vacate his plea of guilty to that charge.

Smith was indicted on one count of rape and one of kidnapping. After negotiations with the state, a plea bargain was arranged. A hearing was held for the purpose of accepting Smith's plea of guilty to the kidnapping charge. At the initiation of this hearing defense counsel requested that presentence...

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