STATE v. WAITERS

No. 91586.

2009 Ohio 1251

State of Ohio, Plaintiff-Appellee, v. Charles Waiters, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: March 19, 2009.


Attorney(s) appearing for the Case

Robert Tobik, Chief Public Defender, By: Cullen Sweeney, Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Erica Barnhill, Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Gallagher, P.J., Dyke, J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, P.J.

{¶ 1} Appellant, Charles Waiters, Jr., appeals his conviction of theft by deception in the Cuyahoga County Court of Common Pleas. For the reasons stated herein, we vacate the judgment of the trial court.

{¶ 2} Waiters was indicted on one count of theft by deception, in violation of R.C. 2913.02(A)(3), a felony of the fifth degree. He entered a plea of not guilty...

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