STATE v. GARNER

No. 2011-CA-00075.

2011 Ohio 5582

The State of Ohio, Plaintiff-Appellee, v. Marcus Garner, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: October 24, 2011.


Attorney(s) appearing for the Case

JOHN D. FERRERO 0018590, Stark County Prosecutor 110 Central Plaza, South, Ste. 510 Canton, Ohio 44702, RENEE M. WATSON 0072906, Assistant Prosecuting Attorney, (Counsel of Record), for Plaintiff-Appellee.

CLAIRE R. CAHOON 0082335, Office of the Ohio Public Defender, 250 East Broad Street, Ste. 1400, Columbus, Ohio 43215, for Defendant-Appellant.

Bfore: W. Scott Gwin, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.


OPINION

DELANEY, J.

{¶ 1} Defendant-Appellant, Marcus Garner, appeals the judgment of the Stark County Court of Common Pleas, denying his petition for postconviction relief. The State of Ohio is Plaintiff-Appellee.

{¶ 2} On May 21, 2009, Appellant was at a bar, The Spot, in Canton, Ohio. At the bar, Appellant got into a heated argument with Monaray Jones. Jones left the patio area of the bar and walked back into...

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