STATE v. BELL

Appellate No. 22448.

2009 Ohio 4783

State of Ohio, Plaintiff-Appellee, v. Diahntae Bell, Defendant-Appellant.

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

Rendered on September 11, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Kirsten A. Brandt, Atty. Reg. #0070162, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Virginia L. Crews, Atty. Reg. #0077837, 7501 Paragon Road, Dayton, Ohio 45459, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Diahntae Bell appeals from his convictions and sentence for Murder, Burglary and Having a Weapon Under a Disability. Bell claims that his convictions for Murder and Burglary must be overturned due to a defect in the indictment. He further contends that the convictions are not supported by the weight of the evidence. Bell argues that the trial court erred by failing to merge the two Burglary convictions...

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