State of Ohio, Plaintiff-Appellee,
v.
David Ficklin, Defendant-Appellant.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED: November 19, 2009.
RELEASED: November 19, 2009.
Attorney(s) appearing for the Case
R. Brian Moriarty, R. Brian Moriarty, L.L.C., 2000 Standard Building, 1370 Ontario Street, Cleveland, OH 44113, Attorney for Appellant.
William D. Mason, Cuyahoga County Prosecutor, By: Aaron Brockler, Katherine Mullin, Mary Court Weston, Assistant County Prosecutors, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.
Before: Stewart, J., Cooney, A.J., and Rocco, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, J.:
{¶ 1} Defendant-appellant, David Ficklin, entered a no contest plea to, among other counts, burglary. The indictment originally charged Ficklin with a single count of burglary under R.C. 2911.12(A)(2), a second degree felony "and/or" R.C. 2911.12(A)(3), a third degree felony. When plea negotiations failed, the state amended the burglary count to delete the third degree felony language under...
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