STATE v. CARNER

No. 96766.

2012 Ohio 1190

STATE OF OHIO, PLAINTIFF-APPELLEE, v. BYRON CARNER, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: March 22, 2012.


Attorney(s) appearing for the Case

Robert L. Tobik , Chief Public Defender, Nathaniel McDonald , Assistant Public Defender, 310 Lakeside Avenue, Suite 400, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Brian D. Kraft , Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Kilbane, J., Stewart, P.J., and Cooney, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Defendant-appellant, Byron Carner ("Carner"), appeals his convictions and sentence. Finding merit to the appeal, we affirm Carner's convictions, but vacate his sentence in part and remand the matter for resentencing.

{¶ 2} In September 2010, Carner was charged in a 12-count indictment. Count 1 charged him with felonious assault of Cleveland police officer...

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