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STATE v. JOHNSON

C.A. Case No. 22545.

2008 Ohio 6232

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

Court of Appeals of Ohio, Montgomery County.

November 26, 2008.

Attorney(s) appearing for the Case

Michele D. Phipps, Atty. Reg. No. 0069829, Assistant Prosecuting Attorney, 301 W. Third. Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Candi S. Rambo, Atty. Reg. No. 0076627, P. O. Box 224, Miamisburg, Ohio 45343, Attorney for Defendant-Appellant.

OPINION

WOLFF, P.J.

{¶ 1} On November 1, 2006, in case number 2005-CR-755, Calvin Johnson pled guilty to inciting violence in violation of R.C. 2917.01(A)(1), a third-degree felony, and aggravated riot in violation of R.C. 2917.02(A)(2), a fourth-degree felony. Johnson was sentenced to five years of community control. On November 26, 2007, in case number 2007-CR-3888, Johnson pled no contest to possession of crack...

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