STATE v. SMITH

Appellate Nos. 22041, 22042

2009 Ohio 5047

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

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

Rendered on September 25, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by R. Lynn Nothstine, Atty. Reg. #0061560, 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.

Jason E. Treherne, Atty. Reg. #0074141, 212 West National Road, P.O. Box 175, Englewood, Ohio 45322, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Shawn Smith appeals from his convictions of one count of robbery, three counts of aggravated robbery, one count of felonious assault, one count of receiving stolen property, and one count of engaging in a pattern of corrupt activity. Smith was sentenced to fifty-four years in prison.

{¶ 2} Smith claims in his first assignment of error that the indictment charging him with robbery was defective...

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