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STATE v. CARTER

No. 90796.

2009 Ohio 226

State of Ohio, Plaintiff-Appellee, v. Jimmy Carter, Defendant-Appellant.

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

RELEASED: January 22, 2009.

Attorney(s) appearing for the Case

Thomas A. Rein, Leader Building, Suite 940, 526 Superior Avenue, Cleveland, Ohio 44114, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Brian M. McDonough, Assistant, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Calabrese, P.J., Kilbane, J., and Stewart, J.

JOURNAL ENTRY AND OPINION

ANTHONY O. CALABRESE, Jr., P.J.

{¶ 1} Appellant Jimmy Carter ("appellant") appeals the decision of the lower court. Having reviewed the arguments of the parties and the pertinent law, we hereby affirm in part, reverse in part, and remand.

I

{¶ 2} On September 24, 2007, the grand jury returned a four-count indictment against appellant. Count one charged appellant with attempted...

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