STATE v. BROGAN

C.A. No. 23983.

2010 Ohio 4527

State of Ohio, Plaintiff-Appellee, v. David J. Brogan, Defendant-Appellant.

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

Rendered on September 24, 2010.


Attorney(s) appearing for the Case

Carley J. Ingram, Atty. Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Bryon K. Shaw, Atty. Reg. No. 0073124, 4800 Belmont Place, Huber Heights, Ohio, 45424, Attorney for Defendant-Appellant.

David J. Brogan, Corrections Reception Center, 11271 State Route 762, P. O. Box 300, Orient, Ohio 43146, Defendant-Appellant.


OPINION

DONOVAN, P.J.

{¶ 1} Defendant-appellant David J. Brogan appeals his conviction and sentence for one count of burglary, in violation of R.C. 2911.12(A)(1), a felony of the second degree. Brogan filed a timely notice of appeal with this Court on April 13, 2010.

I

{¶ 2} The incident which forms the basis for the instant appeal occurred on December 18, 2009, when Brogan unlawfully...

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