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STATE v. MATTHEWS

No. 10-CA-009.

2011 Ohio 1321

State of Ohio, Plaintiff-Appellee, v. Herman D. Matthews, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Holmes County.

DATE OF JUDGMENT ENTRY: March 21, 2011.

Attorney(s) appearing for the Case

F. CHRISTOPHER OEHL , Assistant Prosecuting Attorney, 164 E. Jackson Street, Millersburg, OH 44654, For Plaintiff-Appellee.

DAVID M. HUNTER , 244 W. Main Street, Loudonville, OH 44842, For Defendant-Appellant.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.

OPINION

GWIN, P.J.

{¶1} Defendant-appellant Herman D. Matthews appeals his convictions and sentences in the Holmes County Court of Common Pleas for theft, a felony of the fourth degree, in violation of R.C. 2913.02(A)(2). Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} This case arose from the rental of a backhoe from Keim Lumber in Holmes County, Ohio. On December 21, 2009...

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