STATE v. MITCHELL

No. 55948.

60 Ohio App. 3d 106 (1989)

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

Court of Appeals of Ohio, Cuyahoga County.

Decided September 28, 1989.


Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, Jack H. Hudson and Fedele DeSantis, for appellee.

Michael A. Wypasek, for appellant.


ANN McMANAMON, C.J.

Derrick Mitchell appeals his conviction on two counts of felonious assault, two counts of kidnapping and one count of rape, all with aggravated felony specifications. His timely appeal raises two assignments of error which challenge the trial court's failure to merge the rape and kidnapping charges upon conviction and its refusal to instruct the jury on the defense of alibi. We hold these claims are not well-taken and affirm the judgment of the...

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