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STATE v. GOLDSMITH

No. 90617.

2008 Ohio 5990

State of Ohio, Plaintiff-Appellee, v. Antonio Goldsmith, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: November 20, 2008.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, Micah Ault, Assistant Prosecuting Attorney, The Justice Center-9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Stephen L. Miles, 20800 Center Ridge Road, Suite 211, Rocky River, Ohio 44116, Attorney for Appellant.

Before: Kilbane, P.J., Blackmon, J., and Stewart, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, P.J.

{¶ 1} Defendant-appellant, Antonio Goldsmith (Goldsmith), appeals his conviction for murder. After reviewing the parties' arguments and pertinent case law, we affirm Goldsmith's conviction, vacate his sentence and remand for merger of the allied offenses.

{¶ 2} On December 21, 2006, a Cuyahoga County Grand Jury indicted Goldsmith with the following: one count...

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