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STATE v. THOMPSON

Nos. 09CA3129, 09CA3131

2011 Ohio 6616

State of Ohio, Plaintiff-Appellee, v. Ivan W. Thompson, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Ross County.

Released: December 5, 2011.

Attorney(s) appearing for the Case

Benjamin J. Partee , Miller, Dorman, & Partee, LLC, Chillicothe, Ohio, for Defendant-Appellant.

Michael M. Ater , Ross County Prosecutor, and Jeffrey C. Marks , Ross County Assistant Prosecutor, Chillicothe, Ohio, for Plaintiff-Appellee.

DECISION AND JUDGMENT ENTRY

McFARLAND, J:

{¶1} Appellant Ivan Thompson appeals the decision of the Ross County Court of Common Pleas finding him guilty on one count of burglary. Thompson argues the trial court erred in convicting and sentencing him for second-degree burglary under State v. Pelfrey. Having reviewed the record of this case, we find res judicata bars Thompson from litigating this issue after failing to raise it in a...

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