STATE v. SMITH

No. 90749.

2008 Ohio 5581

State of Ohio, Plaintiff-Appellee, v. Kenneth J. Smith, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: October 30, 2008.


Attorney(s) appearing for the Case

Timothy Young, State Public Defender, By: Sarah M. Schregardus, Assistant State Public Defender, Ohio Public Defenders Commission, 8 East Long Street, 11th Floor, Columbus, Ohio 43215, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: T. Allan Regas, Assistant Prosecuting Attorney, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Gallagher, P.J., Dyke, J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, P.J.:

{¶ 1} Appellant, Kenneth Smith ("Smith"), appeals the decision of the Cuyahoga County Court of Common Pleas denying his application for DNA testing pursuant to R.C. 2953.71 et seq. Finding no error in the proceedings below, we affirm.

{¶ 2} In 1977, a jury convicted Smith of multiple counts of rape, kidnapping, aggravated robbery, and carrying a concealed weapon...

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