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STATE v. CARROLL

No. C-040724.

162 Ohio App.3d 672 (2005)

2005-Ohio-4048

The STATE of Ohio, Appellee, v. CARROLL, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided August 5, 2005.

Attorney(s) appearing for the Case

Julia L. McNeil, Cincinnati City Solicitor, Ernest F. McAdams Jr., City Prosecutor, and Gertrude Dixon, for appellee.

Raymond L. Katz, for appellant.

MARK P. PAINTER, Judge.

{¶ 1} Where the police were not attempting to arrest the defendant when he fled, a conviction for resisting arrest cannot stand. Defendant-appellant, Marcus Carroll, appeals his conviction for resisting arrest. We reverse and discharge him from further prosecution.

I. Mistaken Identity

{¶ 2} In July 2004, Officer Stephen Bender...

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