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STATE v. SHAW

C.A. No. 24263.

2011 Ohio 4723

State of Ohio, Plaintiff-Appellee, v. Lamark R. Shaw Defendant-Appellant.

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

Rendered on September 16, 2011.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Pros. Attorney; Kirsten A. Brandt , Asst. Pros. Attorney, Atty. Reg. No. 0070162, P.O. Box 972, Dayton, Ohio. 45422, Attorney for Plaintiff-Appellee.

Darrell L. Heckman , Atty. Reg. No. 0002389, One Monument Square, Suite 200, Urbana, Ohio 43078, Attorney for Defendant-Appellant.

OPINION

VUKOVICH, J. (BY ASSIGNMENT):

{¶ 1} Defendant-appellant Lemark Shaw appeals from his conviction in Montgomery County Common Pleas Court for first-degree felony kidnapping and the attached firearm specification. Shaw asserts three arguments for reversal. First, he contends that the evidence was insufficient to establish the elements of the firearm specification, specifically that the firearm was operable. Second...

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