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STATE v. KELLY

No. 08COA011.

2009 Ohio 802

State of Ohio, Plaintiff-Appellee, v. Merlin Kelly, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: February 20, 2009.

Attorney(s) appearing for the Case

Paul T. Lange, 307 Orange Street, Ashland, OH 44805, for Plaintiff-Appellee.

Douglas A. Milhoan, P.O. Box 347, Middlebranch, OH 44652, For Defendant-Appellant.

Before: Hon. Sheila G. Farmer, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

Farmer, P.J.

{¶1} On January 11, 2008, the Ashland County Grand Jury indicted appellant, Merlin Kelly, on one count of breaking and entering in violation of R.C. 2911.13 and one count of theft in violation of R.C. 2913.02.

{¶2} On March 19, 2008, appellant pled guilty to the breaking and entering charge. The theft count was dismissed. A sentencing hearing was held on April 28, 2008. By judgment entry filed...

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