STATE v. JOHNSON

Appellate No. 22332.

2008 Ohio 4013

State of Ohio, Plaintiff-Appellee, v. Thomas Johnson, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on August 8, 2008.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Johnna M. Shia, Atty. Reg. #0067685, Montgomery County Prosecutor's Office, P.O. Box 972, 301 West Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Patrick J. Conboy, Atty. Reg. #0070073, Staton, Fisher & Conboy, LLP, 5613 Brandt Pike, Huber Heights, Ohio 45424, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Thomas Johnson appeals from his conviction in the Montgomery County Common Pleas Court of robbery. The facts underlying Johnson's conviction are as follows.

{¶ 2} On October 30, 2006, Johnson and James Hall played basketball at the Moraine Recreation Center. Afterwards, they went to the Dixie Dairy Dream to get a "slaw dog" after the store had closed at 9:00 p.m. The lights to the outside...

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