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STATE v. OWEIS

No. 11 CAA 06 0050.

2012 Ohio 443

STATE OF OHIO, Plaintiff-Appellant, v. OSAMA J. OWEIS, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: February 6, 2012.

Attorney(s) appearing for the Case

CAROL HAMILTON O'BRIEN , PROSECUTING ATTORNEY, BRIAN J. WALTER , ASSISTANT PROSECUTOR, 140 North Sandusky Street, Delaware, Ohio 43015, For Plaintiff-Appellant.

BRIAN G. JONES , THE LAW OFFICE OF BRIAN JONES, 2211 U.S. Highway 23 North, Delaware, Ohio 43015, For Defendant-Appellee.

W. Scott Gwin, P. J., John W. Wise, J., Patricia A. Delaney, J.

OPINION

WISE, J.

{¶1} Appellant/Cross-Appellee State of Ohio appeals the decision of the Court of Common Pleas, Delaware County, following a re-sentencing of Defendant-Appellee/Cross-Appellant Osama J. Oweis. The relevant facts leading to this appeal are as follows.

{¶2} On August 10, 2007, appellee was convicted by a jury on one count of aggravated robbery, in violation of R.C. 2911.01(A)(1), a felony of the first...

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