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STATE v. SMITH

No. 2011CA00140.

2011 Ohio 6872

State of Ohio, Appellee, v. Smith, Appellant.

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

DATE OF JUDGMENT ENTRY: December 30, 2011.

Attorney(s) appearing for the Case

JOHN D. FERRERO , PROSECUTING ATTORNEY, STARK COUNTY, OHIO, By: RENEE M. WATSON , Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza, South — Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

MATTHEW PETIT , 116 Cleveland Ave. North, Suite 808, Canton, Ohio 44702, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., and Hon. Julie A. Edwards, J.

OPINION

Hoffman, P.J.

(¶1) Defendant-appellant Daymion Smith appeals his June 1, 2011 conviction entered by the Stark County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

(¶2) On March 29, 2011, Parole Officer Rick Polinori received an anonymous phone tip regarding a parolee absconder, Toriano Howard. The tip stated Howard was living...

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