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VILLAGE OF NORTH RANDALL v. WITHROW

No. 94574.

2011 Ohio 1675

VILLAGE OF NORTH RANDALL, PLAINTIFF-APPELLEE, v. DENNIS WITHROW, DEFENDANT-APPELLANT.

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

Released and Journalized: April 7, 2011.

Attorney(s) appearing for the Case

Robert Tobik , Chief Public Defender, BY: David M. King , Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLANT.

Leonard A. Spremulli , 29325 Chagrin Blvd. Suite 305, Pepper Pike, OH 44122, ATTORNEY FOR APPELLEE.

BEFORE: S. Gallagher, J., Stewart, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, J.

{¶ 1} Appellant Dennis Withrow appeals his plea and sentencing by the Bedford Municipal Court. For the reasons set forth herein, we reverse and remand.

{¶ 2} On October 1, 2009, appellee village of North Randall ("North Randall") charged Withrow with assault, in violation of R.C. 2903.13(A), a first degree misdemeanor. He originally pleaded not guilty and waived his...

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