STATE v. McBRIDE

No. 2008-CA-00076.

2008 Ohio 5888

State of Ohio, Plaintiff-Appellee, v. Larry McBride, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: November 10, 2008.


Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, By: Renee M. Watson, 110 Central Plaza South, Ste. 510, Canton, OH 44702, for Plaintiff-Appellee.

Jennifer A. Roberts, P.O. Box 20404, Canton, OH 44701, for Defendant-Appellant.

Before: Hon: W. Scott Gwin, P.J., Hon: John W. Wise, J., Hon: Julie A. Edwards, J.


OPINION

GWIN, P.J.

{¶1} Defendant-appellant Larry McBride, appeals his conviction and sentence in the Stark County Court of Common Pleas on one count of Breaking and Entering in violation of R.C. 2911.13(B), a felony of the fifth degree. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On November 22, 2007 around 1:30 a.m., Bruce Mack got out of bed to get a drink of water...

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