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STATE v. RUTHERFORD

No. CA2007-11-271.

2009 Ohio 1162

State of Ohio, Plaintiff-Appellee, v. Kenneth J. Rutherford, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

March 16, 2009.

Attorney(s) appearing for the Case

Robin N. Piper, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government Services Center, 315 High Street, 11th Fl., Hamilton, Ohio 45011, for plaintiff-appellee.

Fred Miller, Baden & Jones Bldg., 246 High Street, Hamilton, Ohio 45011, for defendant-appellant.

OPINION

BRESSLER, J.

{¶1} Defendant-appellant, Kenneth J. Rutherford, Jr., appeals his conviction and sentence in the Butler County Court of Common Pleas for burglary and aggravated arson, for which he was sentenced to 16 years in prison and ordered to pay restitution "in an amount not to exceed $135,000."

{¶2} On February 7, 2007, Rutherford, his cousin, Jerome J. Matthews, and Nicholas A. Harris were each indicted...

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