STATE v. KELLEY

C.A. No. 2011 CA 37.

2012 Ohio 1095

STATE OF OHIO, Plaintiff-Appellee, v. TYRONE KELLEY, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on March 16, 2012.


Attorney(s) appearing for the Case

Lisa M. Fannin , Atty. Reg. No. 0082337, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Adam James Stout , Atty. Reg. No. 0080334, 2533 Far Hills Avenue, Dayton, Ohio 45419, Attorney for Defendant-Appellant.


OPINION

DONOVAN, J.

{¶ 1} This matter is before the Court on the Notice of Appeal of Tyrone Kelley, filed May 16, 2011.

{¶ 2} On December 13, 2010, Kelley was indicted on one count of burglary, in violation of R.C. 2911.12(A)(4), a felony of the fourth degree. On February 15, 2011, Kelley filed a notice of alibi, which alleged that he was at the home of Yumashita Murray at the time of the...

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