STATE v. SMITH, III

Appellate No. 22926.

2010 Ohio 745

State of Ohio, Plaintiff-Appellee, v. Theodore W. Smith, III, Defendant-Appellant.

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

Rendered on February 26, 2010.


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.

James C. Staton, Atty. Reg. #0068686, Staton, Fisher & Conboy LLP, 5613 Brandt Pike, Huber Heights, Ohio 45424, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Theodore Smith appeals from his conviction of two counts of kidnaping and one count of unlawful restraint after a jury trial. Smith was sentenced to fifteen (15) years to life on the kidnaping charges and twenty (20) days for the unlawful restraint charge.

{¶ 2} Smith was convicted upon the testimony of Cassie Davis which was given at a parole revocation conducted before the trial began...

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