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STATE v. SMITH

No. 93383.

2010 Ohio 2098

State of Ohio, Plaintiff-Appellee, v. Lavell H. Smith, Defendant-Appellant.

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

RELEASED: May 13, 2010.

Attorney(s) appearing for the Case

Thomas A. Rein, 526 Superior Avenue East, Leader Building Suite 940, Cleveland, Ohio 44114, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Brian P. Murphy, Assistant Prosecuting Attorney, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Blackmon, J., Rocco, P.J., and Jones, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant Lavell H. Smith appeals his conviction and sentence. Smith assigns the following errors for our review:

"I. The trial court erred in denying Appellant's motion for acquittal as to the charge when the state failed to present sufficient evidence to sustain a conviction."

"II. Appellant's conviction is against the manifest weight of the evidence...

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