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STATE v. SMITH

No. CA2008-03-064.

2009 Ohio 5517

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

Court of Appeals of Ohio, Twelfth District, Butler County.

October 19, 2009.

Attorney(s) appearing for the Case

Robin N. Piper, Butler County Prosecuting Attorney, Daniel G. Eichel, Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-appellee.

H. Fred Hoefle, 810 Sycamore Street, Cincinnati, OH 45202, for defendant-appellant.

OPINION

YOUNG, J.

{¶1} Defendant-appellant, Gabriel Tyrone Smith, appeals his conviction for felonious assault with a firearm specification and a repeat violent offender specification following a jury trial in the Butler County Court of Common Pleas.

{¶2} Appellant was indicted in November 2007 on one count of felonious assault in violation of R.C. 2903.11(A)(2) with two firearm specifications (brandishing a firearm...

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