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STATE v. MILEY

Nos. 07-CA-113, 07-CA-114

2009 Ohio 570

State of Ohio, Plaintiff-Appellee, v. Milton Clyde Miley, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: February 10, 2009.

Attorney(s) appearing for the Case

James J. Mayer, Jr., Prosecuting Attorney, Richland County, Ohio, By: Kirsten L. Pscholka-Gartner, Assistant Prosecuting Attorney, 38 South Park Street, Mansfield, Ohio 44902, for Plaintiff-Appellee.

Joseph F. Salzgeber, P.O. Box 799, Brunswick, Ohio 44212-0799, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Julie A. Edwards, J.

OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant Milton Clyde Miley appeals his convictions in the Richland County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} The following facts were adduced at trial:

{¶3} Lee Foster was born on September 29, 1986. Scott Foster was born almost three years later on May 28, 1989. Lee Foster...

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