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STATE v. SMITH

Nos. 08 CA 42, 08 CA 43

2009 Ohio 1684

State of Ohio, Plaintiff-Appellee, v. Monte E. Smith, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: April 8, 2009.

Attorney(s) appearing for the Case

Kenneth W. Oswalt, Prosecuting Attorney, Daniel H. Huston, Assistant Prosecutor, 20 South Second Street, 4th Floor, Newark, Ohio 43055, for Plaintiff-Appellee.

Robert E. Cesner, Jr., 456 Haymore Avenue, North, Worthington, Ohio 43085-2445, for Defendant-Appellant.

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

OPINION

WISE, J.

{¶1} Defendant-Appellant Monte E. Smith appeals the denial of his motion to dismiss and his sentence entered by the Licking County Common Pleas Court.

{¶2} Plaintiff-Appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶3} Defendant-Appellant Monte E. Smith was arrested on February 21, 2007, and on March 9, 2007 he was indicted by the Grand Jury of...

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