STATE v. BUTT

Appellate No. 22774.

2009 Ohio 6814

State of Ohio, Plaintiff-Appellee, v. Robert A. Butt, Jr., Defendant-Appellant.

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

Rendered on December 23, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Johnna M. Shia, Atty. Reg. #0067685, 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.

Robert A. Butt, Jr., #546-773, Chillicothe Correctional Institution, P.O. Box 5500, Chillicothe, Ohio 45601, Defendant-Appellant, pro se.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Robert A. Butt, Jr. appeals from an order of the Montgomery County Common Pleas Court overruling his petition for post-conviction relief following an evidentiary hearing. Butt contends that the trial court's decision is not supported by the evidence.

{¶ 2} We conclude that the record supports the trial court's conclusion that Butt failed to prove...

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