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STATE v. SWANN

Nos. 06AP-870 and 06AP-899.

171 Ohio App.3d 304 (2007)

2007-Ohio-2010

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

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Seth L. Gilbert, Assistant Prosecuting Attorney, for appellee.

Dianne Worthington, for appellant.

TYACK, Judge.

{¶ 1} Christopher Swann ("appellant" or "Swann") appeals from his conviction of felonious assault with a firearm specification and the resulting sentence of nine years incarceration. For the reasons set forth below, we reverse.

{¶ 2} On the evening of June 25, 2005, John "Cash" Stith was shot outside his grandmother's house on the south side of Columbus, Ohio. Stith, who was not fatally wounded, identified...

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