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STATE v. SMITH

No. 92561.

2009 Ohio 5010

State of Ohio, Plaintiff-Appellee, v. Lloyd Smith, Defendant-Appellant.

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

RELEASED: September 24, 2009.

Attorney(s) appearing for the Case

Ruth Fischbein-Cohen, 3552 Severn Road, Suite 613, Cleveland Heights, Ohio 44118, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Brian D. Kraft, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

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

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} Appellant Lloyd Smith appeals his conviction for theft and assigns the following errors for our review:

"I. Counsel was ineffective in that he did not move the court to dismiss since the arrest and ensuing charges were absent probable cause."

"II. The verdict of guilty was not based on facts proven beyond a reasonable doubt. The evidence lacked...

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