STATE v. BAILEY

C.A. No. 23164

2009 Ohio 4107

State of Ohio Plaintiff-Appellee v. Darryl J. Bailey Defendant-Appellant

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on August 14, 2009.


Attorney(s) appearing for the Case

Johnna M. Shia, Atty. Reg. No. 0067685, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Byron K. Shaw, Atty. Reg. No. 0073124, 4800 Belmont Place, Huber Heights, Ohio 45424, Attorney for Defendant-Appellant.

Darryl Bailey, #A595-960, London Correctional Institute, P. O. Box 69, London, Ohio 43140, Defendant-Appellant.


OPINION

FROELICH, J.

{¶ 1} Darryl J. Bailey was indicted by the Montgomery County Grand Jury on August 12, 2008, for burglary, in that ". . . on or about May 24, 2008, in Montgomery County. . .[he] did by force, stealth or deception trespass in an occupied structure, to wit: residence, located at 3457 Beech Grove Rd., Moraine, Ohio,. . .with purpose to commit in the structure. . .any criminal offense, to wit: theft...

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