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STATE v. HICKS

C.A. No. 23757.

2010 Ohio 5521

State of Ohio, Plaintiff-Appellee, v. Torance Hicks, Defendant-Appellant.

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

Rendered on November 12, 2010.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Kirsten A. Brandt, Asst. Pros. Attorney, Atty. Reg. No.0070162, P.O. Box 972, Dayton, OH 45422, Attorneys for Plaintiff-Appellee.

Thomas W. Kidd, Jr., Atty. Reg. No.0066359, P.O. Box 231, Harveysburg, OH 45032, Attorney for Defendant-Appellant.

OPINION

GRADY, J.

{¶ 1} Defendant, Torance Hicks, appeals from his conviction and sentence for possession of crack cocaine.

{¶ 2} The facts in this case were set forth in our previous decision in State v. Hicks, Montgomery App.No. 22652, 2008-Ohio-6839, at ¶3-5:

{¶ 3} "At approximately 9 p.m. on August 22, 2007, Dayton Police officers were executing a search warrant at 802...

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