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STATE v. JOHNSTONE

No. 92885.

2010 Ohio 1854

State of Ohio, Plaintiff-Appellee, v. Charles Johnstone, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: April 29, 2010.

Attorney(s) appearing for the Case

Kelly A. Gallagher, Post Office Box 306, Avon Lake, Ohio 44012, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Colleen Reali, Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Boyle, J., Dyke, P.J., and Jones, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.

{¶ 1} Defendant-appellant Charles Johnstone appeals his convictions for aggravated robbery, kidnapping, and felonious assault. He raises seven assignments of error for our review:

{¶ 2} "[I.] The trial court erred in denying appellant's motion to suppress eyewitness identification and permitting a fundamentally unreliable identification in violation of due process.

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