STATE v. DiCARLO

No. 08 MA 267.

2009 Ohio 2648

State of Ohio, Plaintiff-Appellee, v. Jacob Dicarlo, Defendant-Appellant.

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

Dated: June 3, 2009.


Attorney(s) appearing for the Case

Attorney Paul J. Gains, Prosecuting Attorney, Attorney Gabriel Wildman, Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

Jacob DiCarlo, Pro-se, #440-876, Ohio State Penitentiary, 878 Coitsville-Hubbard Road, Youngstown, OH 44505, for Defendant-Appellant.

Before: Hon. Mary DeGenaro, Hon. Gene Donofrio, Hon. Cheryl L. Waite.


OPINION

DeGENARO, J.

{¶1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Pro-se Appellant, Jacob DiCarlo, appeals the decision of the Mahoning County Court of Common Pleas that dismissed his Motion Seeking Notice of Plain Error. DiCarlo's motion had requested the application of recent Ohio Supreme Court decisions to his 2002 indictment for aggravated robbery and felonious assault....

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