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STATE v. PERRY

C.A. No. 24735.

2012 Ohio 1856

STATE OF OHIO, Plaintiff-Appellee, v. TERRY PERRY, Defendant-Appellant.

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

Rendered on April 27, 2012.

Attorney(s) appearing for the Case

John Danish , City Attorney; Stephanie Cook , Chief Prosecutor, Matthew Kortjohn , Asst. Prosecutor, Atty. Reg. No. 0083743, 335 W. Third Street, Dayton, OH 45402, Attorneys for Plaintiff-Appellee.

Julie B. Dubel , Asst. Public Defender, Atty. Reg. No. 0037172, 117 South Main Street, Suite 400, Dayton, OH 45422, Attorney for Defendant-Appellant.

OPINION

GRADY, P.J.

I. Introduction

{¶ 1} Defendant, Terry Perry, appeals from his conviction for aggravated menacing, R.C. 2903.21, a first degree misdemeanor. Defendant argues that the trial court erred when it denied his R.C. 2945.73(B) motion for discharge made on the date of the trial that resulted in his conviction, because more than the maximum ninety days...

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