STATE v. KIRK

Nos. 95260, 95261

2011 Ohio 1687

STATE OF OHIO, PLAINTIFF-APPELLEE, v. JOSEPH KIRK, DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: April 7, 2011


Attorney(s) appearing for the Case

John T. Castele , 1310 Rockefeller Building, 614 West Superior Avenue, Cleveland, Ohio 44113, ATTORNEY FOR APPELLANT.

William D. Mason , Cuyahoga County Prosecutor, Margaret A. Troia , Assistant Prosecuting Attorney, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

BEFORE: Rocco, J., Sweeney, P.J., and Cooney, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.:

{¶ 1} In two cases that were joined for a jury trial and also have been consolidated in this court, defendant-appellant Joseph Kirk appeals from his convictions for aggravated robbery and kidnapping with firearm specifications, theft, having a weapon while under disability ("HWUD"), and intimidation.

{¶ 2} Kirk presents four assignments of error. He asserts the lower...

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