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STATE v. BLACKSHEAR

No. 2008CA00233.

2009 Ohio 3270

State of Ohio, Plaintiff-Appellee, v. Robin Lorenzo Blackshear, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: June 29, 2009.

Attorney(s) appearing for the Case

Richard Drake, 303 Courtyard Centre, 116 Cleveland Ave. N.W., Canton, Ohio 44702, for Defendant-Appellant.

Joseph Martuccio, Canton Law Director, Tyrone D. Hauritz, Canton City Prosecutor, Jennfifer Fitsimmons, Assistant Prosecutor, City of Canton, 218 Cleveland Avenue, S.W., Canton, Ohio 44702, for Plaintiff-Appellee.

Before: Hon. William B. Hoffman, P.J., Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant Robin L. Blackshear appeals his conviction in the Canton Municipal Court on one count of theft. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On December 4, 2007, Appellant removed a large, forty-foot section of railroad railing from a railroad yard on Mulberry Street in Canton, Ohio. The rail had been lying in an area of high...

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