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STATE v. MURPHY

C.A. No. 2010 CA 81.

2011 Ohio 5416

State of Ohio, Plaintiff-Appellee, v. Robert Murphy, Defendant-Appellant.

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

Rendered on October 21, 2011.

Attorney(s) appearing for the Case

Andrew R. Picek , Atty. Reg. No. 0082121, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Jon Paul Rion , Atty. Reg. No. 0067020, 130 W. Second Street, Suite 2150, P. O. Box 1262, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

OPINION

DONOVAN, J.

{¶ 1} Defendant-appellant Robert Murphy appeals from his conviction and sentence for one count of breaking and entering, in violation of R.C. 2911.13(A), a felony of the fifth degree, and one count of burglary, in violation of R.C. 2911.12(A)(3), a felony of the third degree. Murphy filed a timely notice of appeal with this Court on August 12, 2010.

I

{¶ 2} The...

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