STATE v. GARDNER

No. 10 MA 52.

2011 Ohio 2644

State of Ohio, Plaintiff-Appellee, v. Frank Gardner, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: May 25, 2011.


Attorney(s) appearing for the Case

Attorney Paul Gains , Prosecuting Attorney, Attorney Ralph Rivera , Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Attorney J. Dean Carro , Appellate Review Office, University of Akron School of Law, Akron, Ohio 44325-2901, for Defendant-Appellant.

Before: Joseph J. Vukovich, Gene Donofrio, Mary DeGenaro.


OPINION

VUKOVICH, J.

{¶1} Defendant-appellant Frank Gardner appeals from his convictions entered in the Mahoning County Common Pleas Court after a jury trial. Appellant argues that various convictions should have been merged prior to sentencing. Appellant also contends that verdicts were contrary to the manifest weight of the evidence because the victim was not credible; however, the jury could rationally believe the testimony of the victim...

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