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STATE v. CHANEY

No. 2007CA00332.

2008 Ohio 5559

State of Ohio, Plaintiff-Appellee, v. Cole Chaney, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: October 27, 2008.

Attorney(s) appearing for the Case

Derek Lowry, Crawford, Lowry & Associates, 116 Cleveland Ave. N.W, Suite 800, Canton, Ohio 44702-1732, for Plaintiff-Appellee.

John D. Ferrero, Prosecuting Attorney, Stark County, Ohio, By: Kathleen O. Tatarsky, Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza, South — Suite 510, Canton, Ohio 44702-1413, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant Cole Chaney appeals his conviction and sentence entered by the Stark County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On April 7, 2007, Albert Simia discovered Michael Kuligowski lying face down on the living room floor of Kuligowski's apartment, with his jacket over his head. Simia called the police...

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