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STATE v. PHILLIPS

No. 08-CA-006.

2009 Ohio 414

State of Ohio, Plaintiff-Appellee, v. David A. Phillips, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: January 30, 2009.

Attorney(s) appearing for the Case

F. Christopher Oehl, 164 East Jackson Street, Millersburg, Ohio 44654, for Plaintiff-Appellee.

Sean M. Warner, 138 East Jackson Street, Millersburg, OHio 44654, for Defendant-Appellant.

Before: William B. Hoffman, P.J., John W. Wise, J., Julie A. Edwards, J.

OPINION

Edwards, J.

{¶1} Defendant-appellant, David Phillips, appeals his sentence from the Holmes County Court of Common Pleas on one count of breaking and entering. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On December 17, 2007, the Holmes County Grand Jury indicted appellant on one count of breaking and entering in violation of R.C. 2911.13(A), a felony of the fifth...

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