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STATE v. GRAY

No. 2007-CA-0064.

2009-Ohio-455

State of Ohio, Plaintiff-Appellee, v. Marion Edward Gray, Jr., Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: February 4, 2009.

Attorney(s) appearing for the Case

James J. Mayer, Jr., Richland County Prosecutor, 38 S. Park, Mansfield, OH 44902, for Plaintiff-Appellee.

Patricia O'Donnell Kitzler, 3 N. Main Street, Suite 703, Mansfield, OH 44902, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.

OPINION

GWIN, P.J.

{¶1} Upon granting appellant's motion to reconsider, this court is asked to consider whether the indictment, and the trial court's jury instructions, in this case defining "physical harm" robbery in violation of R.C. 2911.02(A) (2), and "force" robbery in violation of R.C. 2911.02(A)(3) are deficient. Appellant argues that his indictment, and the instructions to the jury violated State v. Colon

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