STATE v. DARLING

No. 92120.

2009 Ohio 4198

State of Ohio, Plaintiff-Appellee, v. Damon Darling, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 20, 2009.


Attorney(s) appearing for the Case

Kelly A. Gallagher, P.O. Box 306, Avon Lake, Ohio 44012, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, John Smerillo, Assistant Prosecuting Attorney, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Kilbane, J., Gallagher, P.J., and Blackmon, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Appellant, Damon Darling (Darling), appeals his convictions for drug possession and drug trafficking with a schoolyard specification. For the following reasons, we affirm in part, reverse in part, and remand this case to the trial court for further proceedings consistent with this opinion.

{¶ 2} On May 22, 2008, the Cuyahoga County Grand Jury returned a two...

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