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STATE v. HIBBLER

C.A. Case No. 2008 CA 103.

2009 Ohio 3641

State of Ohio, Plaintiff-Appellee, v. John T. Hibbler, II, Defendant-Appellant.

Court of Appeals of Ohio, Clark County.

Rendered on July 24, 2009.

Attorney(s) appearing for the Case

Amy M. Smith, Atty. Reg. No. 0081712, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

John T. Hibbler, #411907, P. O. Box 56, State Route 63, Lebanon, Ohio 45036, Defendant-Appellant.

OPINION

HARSHA, J. (by assignment)

{¶ 1} Several years after being convicted of attempted burglary and improperly discharging a firearm, John T. Hibbler filed a motion to vacate his conviction on the basis that the indictment was defective. He did so in response to State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624 (Colon I), which held an indictment for aggravated...

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