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STATE v. DANIELS

C.A. No. 25808.

2011 Ohio 6414

State of Ohio, Appellee, v. Lemar D. Daniels, Appellant.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: December 14, 2011.

Attorney(s) appearing for the Case

Neil P. Agarwal , Attorney at Law, for Appellant.

Sherri Bevan Walsh , Prosecuting Attorney, and Richard S. Kasay , Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

BELFANCE, Presiding Judge

{¶1} Appellant, Lemar D. Daniels, appeals his convictions by the Summit County Court of Common Pleas. This Court affirms, in part, and reverses, in part.

I.

{¶2} M.S. is a fifty-year-old resident of a group home in Akron. In addition to several diagnoses of mental illness, M.S. has a mild level of mental retardation, with an IQ of 58. The staff of the...

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