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STATE v. FAIR

No. 84498.

2009 Ohio 2382

State of Ohio, Plaintiff-Appellee, v. Dwayne Fair, Defendant-Appellant.

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

RELEASED: May 21, 2009.

Attorney(s) appearing for the Case

David L. Doughten, The Brownhoist Building, 4403 St. Clair Avenue, Cleveland, Ohio 44103, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Diane Smilanick, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorney for Appellee.

Before: Blackmon, J., Rocco, P.J., and Jones, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} Appellant Dwayne Fair appeals the trial court's denial of his petition for postconviction relief without a hearing. He assigns the following error:

"The trial judge erred in failing to grant the appellant an evidentiary hearing as is required by R.C. 2953.21(C)."

{¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's decision...

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