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STATE v. THARP

No. 07-CA-9.

2008 Ohio 3995

State of Ohio, Plaintiff-Appellee, v. Erik Tharp, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Perry County.

DATE OF JUDGMENT ENTRY: August 5, 2008.

Attorney(s) appearing for the Case

Joseph A. Flautt, Prosecuting Attorney, 111 North High Street, P.O. Box 569, New Lexington, OH 43764-0569, for Plaintiff-Appellee.

Terry J. Rugg, 50 North Fourth St., P.O. Box 1030, Zanesville, OH 43702-1030, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Defendant-Appellant Erik Tharp appeals his felony resentencing in the Perry County Court of Common Pleas, following his conviction on March 1, 2000. Plaintiff-Appellee is the State of Ohio.

STATEMENT OF THE CASE1

{¶2} The Perry County Grand Jury indicted Appellant on two counts of Burglary, two counts of Theft of a Firearm, two counts...

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