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STATE v. LOWERY

C.A. No. 24198.

2011 Ohio 2827

State of Ohio, Plaintiff-Appellee, v. Charles B. Lowery, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on June 10, 2011.

Attorney(s) appearing for the Case

Johnna M. Shia , Atty. Reg. No. 0067685, Assistant Prosecuting Attorney, 301 W. Third. Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Charles B. Lowery , #536057, Warren Correctional Institute, P. O. Box 120, Lebanon, Ohio 45036, Defendant-Appellant.

OPINION

KLINE, J. (by assignment)

{¶ 1} Charles B. Lowery (hereinafter "Lowery") appeals the denial of his motion for post-conviction relief. Lowery contends that counts three and four of his indictment were defective, and, therefore, the trial court was without jurisdiction to convict him. Lowery also contends that counts three and four of his indictment were unconstitutional because they suffered from multiplicity...

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