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STATE v. SAMPLES

No. 2008 CA 00027.

2009 Ohio 1043

State of Ohio, Plaintiff-Appellee, v. Douglas Samples, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: March 2, 2009.

Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Kathleen O. Tatarsky, Assistant Prosecutor, 110 Central Plaza South, Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

Kelly S. Murray, 116 Cleveland Avenue NW, Suite 303, Canton, Ohio 44702, for Defendant-Appellant.

Before: Hon. Sheila G. Farmer, P.J., Hon. W. Scott Gwin, J., Hon. John W. Wise, J.

OPINION

WISE, J.

{¶1} Appellant Douglas Samples appeals his conviction for aggravated robbery and burglary in the Stark County Court of Common Pleas. The relevant facts leading to this appeal, which involves two separate crimes, are as follows.

The O'Reilly Home Robbery

{¶2} On October 10, 2006, Philip O'Reilly went to bed at his 31st Street NW residence at about 9:00...

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