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STATE v. MOORE

No. 07 MA 136.

2009 Ohio 1177

State of Ohio, Plaintiff-Appellee, v. Bertrum Moore, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: March 10, 2009.

Attorney(s) appearing for the Case

Atty. Paul J. Gains, Mahoning County Prosecutor, Atty. Ralph M. Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Atty. J. Dean Carro, Appellate Review Office, University of Akron, School of Law, Akron, Ohio 44325-2901, for Defendant-Appellant.

Before: Hon. Cheryl L. Waite, Hon. Joseph J. Vukovich, Hon. Mary DeGenaro.

OPINION

WAITE, J.

{¶1} Appellant Bertrum Moore appeals his conviction in the Mahoning County Court of Common Pleas for complicity to aggravated murder in violation of R.C. 2923.03(A)(2)(F) and R.C. 2903.01(A)(F). Appellant contends that the trial court failed to properly instruct the jury on the mens rea required to commit the crime, and challenges the sufficiency of the evidence on that essential element.

{¶2}

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