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STATE v. SIMPSON

C.A. Case No. 22614.

2008 Ohio 5649

State of Ohio, Plaintiff-Appellee, v. Darryl Simpson, Defendant-Appellant.

Court of Appeals of Ohio, Montgomery County.

Rendered on October 31, 2008.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Carley J. Ingram, Atty Reg. No. 0020084, Asst. Pros. Attorney, P.O. Box 972, Dayton, Oh 45422, Attorneys for Plaintiff-Appellee.

William O. Cass, Jr., Atty. Reg. No.0034517, 11 West Monument Avenue, Suite 402, Dayton, Oh 45402, Attorney for Defendant-Appellant.

OPINION

GRADY, J.

{¶ 1} Defendant, Darryl Simpson, entered a plea of guilty to one count of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree. As part of the plea agreement, the State agreed to take no position with respect to imposition of community control sanctions instead of incarceration. The trial court informed Defendant during the plea hearing that the court would consider community...

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