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STATE v. GREEN

No. 09AP-972.

2010 Ohio 3838

State of Ohio, Plaintiff-Appellant, v. James E. Green, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on August 17, 2010.

Attorney(s) appearing for the Case

Ron O'Brien, Prosecuting Attorney, and John H. Cousins IV, for appellant.

Yeura R. Venters, Public Defender, and Allen V. Adair, for appellee.

DECISION

SADLER, J.

{¶1} Plaintiff-appellant, state of Ohio ("state"), appeals from the September 17, 2009 decision and entry of the Franklin County Court of Common Pleas granting the new trial motion of defendant-appellee, James E. Green ("appellee"). For the following reasons, we reverse.

{¶2} On September 19, 2008, appellee was indicted by a Franklin County Grand Jury on one count of felonious assault with a...

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