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STATE v. SCHYBAL

No. 10 BE 8.

2011 Ohio 4313

State of Ohio, Plaintiff-Appellee, v. Garner Amos Schybal, Defendant-Appellant.

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

Dated: August 24, 2011.

Attorney(s) appearing for the Case

Attorney Christopher Berhalter , Belmont County Prosecutor, Daniel P. Fry , Assistant Prosecuting Attorney, 147-A West Main Street, St. Clairsville, Ohio 43950, for Plaintiff-Appellee.

Attorney John M. Jurco , Jividen Law Offices, 729 North Main Street, Victorian Old Town, Wheeling, WV 26003, for Defendant-Appellant.

Before: Cheryl L. Waite, Gene Donofrio, Joseph J. Vukovich.

OPINION

WAITE, P.J.

{1} Counsel for Appellant Garner Amos Schybal has filed a no merit brief and a request to withdraw as counsel pursuant to State v. Toney (1970), 23 Ohio App.2d 203, 52 O.O.2d 304, 262 N.Ed.2d 419. For the following reasons, counsel's motion to withdraw is sustained and Appellant's conviction and sentence affirmed.

{2} On December 7, 2009, Appellant...

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