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STATE v. BILLETER

No. 2008 CA 00198.

2009 Ohio 2709

State of Ohio, Plaintiff-Appellee, v. Donald Jack Billeter, pro se, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: June 8, 2009.

Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Stark County, Ohio, By: Ronald Mark Caldwell, Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza, South, Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

Donald Jack Billiter, #A472-778, Grafton Correctional Institution, 2500 South Avon Belden Road, Grafton, Ohio 44044, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., John W. Wise, J., Julie A. Edwards, J.

OPINION

EDWARDS, J.

{¶1} Defendant-appellant, Donald Jack Billeter, appeals from the August 22, 2008, Judgment Entry of the Stark County Court of Common Pleas denying his Motion to Suspend Further Execution of Sentence. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On April 9, 2004, the Stark County Grand Jury indicted appellant on one count of escape in violation of R...

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