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STATE v. TANNER

C.A. No. 24614.

2009 Ohio 3867

State of Ohio, Appellant, v. Roger L. Tanner, Jr., Appellee.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: August 5, 2009.

Attorney(s) appearing for the Case

Sherri Bevan Walsh, prosecuting attorney, and Richard S. Kasay, assistant prosecuting attorney, for appellant.

Eddie Sipplen, attorney at law, for appellee.

DECISION AND JOURNAL ENTRY

DICKINSON, Judge.

INTRODUCTION

{¶1} The Grand Jury indicted Roger Tanner for domestic violence. It asserted that, because he had two prior convictions for violent offenses against family members, the offense was a felony of the third degree. Mr. Tanner moved to dismiss or amend the indictment, arguing that his prior convictions could not be used for enhancement purposes. The trial court agreed regarding...

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