STATE v. ORR

No. 95344.

2011 Ohio 1371

STATE OF OHIO, Plaintiff-Appellant, v. WYLEE ORR, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: March 24, 2011.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, Diane Smilanick , Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Wendi L. Overmyer , Office of the Federal Public Defender, 50 S. Main Street, Suite 700, Akron, Ohio 44308, Attorney for Appellee.

BEFORE: E. Gallagher, J., Boyle, P.J., and Jones, J.


JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.:

{¶ 1} The state of Ohio ("State") appeals from the trial court decision granting Wylee Orr's ("Orr") pro se petition for postconviction relief and dismissing his original conviction as violating the protections of double jeopardy. The State argues the trial court erred in not conducting a hearing on Orr's motion for postconviction relief and in finding that Orr's conviction violated the...

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