STATE v. PATE

No. 95382

2011 Ohio 1692

STATE OF OHIO, PLAINTIFF-APPELLEE, v. DONALD PATE, DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: April 7, 2011.


Attorney(s) appearing for the Case

Rick Ferrara , 1424 East 25th Street, Cleveland, Ohio 44114, Donald Pate, Inmate No. 590-232, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, Ohio 44430, ATTORNEY FOR APPELLANT.

William D. Mason , Cuyahoga County Prosecutor, Brett Kyker , Assistant County Prosecutor, 8th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

BEFORE: Cooney, J., Stewart, P.J., and E. Gallagher, J.


JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.:

{¶ 1} Defendant-appellant, Donald Pate ("Pate"), appeals his conviction for aggravated robbery and robbery. Finding some merit to the appeal, we affirm in part and remand for merger and resentencing on the allied offenses.

{¶ 2} In March 2010, Pate was indicted on one count of aggravated robbery and one count of robbery, both with one- and three-year firearm...

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