State of Ohio, Plaintiff-Appellee,
v.
Williams H. Duke, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on October 16, 2009.
Rendered on October 16, 2009.
Attorney(s) appearing for the Case
Mathias H. Heck, Jr., by Michele D. Phipps, Atty. Reg. #0069829, 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.
David R. Miles, Atty. Reg. #0013841, 125 West Main Street, Suite 201, Fairborn, Ohio 45324, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Williams Duke appeals from a conviction and sentence for Theft and Vandalism. Duke contends that the trial court erred by denying his motion to suppress a pre-trial identification made by an eyewitness. He also contends that the trial court mistakenly concluded that Duke had the burden of proof on this issue.
{¶ 2} We conclude that the trial court did not err in overruling...
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