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STATE v. BUTLER

No. 09 JE 1.

2010 Ohio 2537

State of Ohio, Plaintiff-Appellee, v. Raphael Butler, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Jefferson County.

Dated: June 3, 2010.

Attorney(s) appearing for the Case

Attorney Thomas R. Straus, Prosecuting Attorney, Jefferson County Justice Center, 16001 State Route 7, Steubenville, Ohio 43952, for Plaintiff-Appellee.

Raphael Butler, Pro se, #421-823, Noble Correctional Institution, 15708 McConnellsville Road, Caldwell, Ohio 43724, for Defendant-Appellant.

Before: Hon. Cheryl L. Waite, Hon. Gene Donofrio, Hon. Mary DeGenaro.

OPINION

WAITE, J.

{¶1} Pro se Appellant Raphael Butler appeals the decision of the Jefferson County Court of Common Pleas overruling a petition for postconviction relief. This was the second petition for postconviction relief filed by Appellant and in it he alleged that his indictment for aggravated robbery was defective based on his interpretation of the holdings in State v. Colon, 118 Ohio St.3d 26

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