STATE v. BALDERSON

No. 2009 CA 0043.

2009 Ohio 6183

State of Ohio, Plaintiff-Appellee, v. Brian L. Balderson, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: November 19, 2009.


Attorney(s) appearing for the Case

James J. Mayer, Jr., Richland County Prosecutor,

Kirsten Pscholka-Gartner, Assistant County Prosecutor, 38 S. Park St., Mansfield, OH 44902, for Plaintiff-Appellee.

Ryan M. Hoovler, 13 Park Ave. W., Suite 300, Mansfield, OH 44902, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.


OPINION

DELANEY, J.

{¶1} Defendant-Appellant appeals two judgment entries of the Richland County Court of Common Pleas: the January 26, 2009 judgment entry denying Appellant's motion to dismiss and the March 2, 2009 re-sentencing entry. Plaintiff-Appellee is the State of Ohio.

STATEMENT OF THE FACTS AND THE CASE

{¶2} On June 27, 2008, the Loss Prevention Officer at the Meijer store in Ontario, Ohio contacted...

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