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STATE v. SMITH

No. 9-11-36.

2012 Ohio 1891

STATE OF OHIO, PLAINTIFF-APPELLEE, v. MARK E. SMITH, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Third District, Marion County.

April 30, 2012.

Attorney(s) appearing for the Case

J. C. Ratliff , for Appellant.

Denise M. Martin , for Appellee.

OPINION

PRESTON, J.

{¶ 1} Defendant-appellant, Mark E. Smith (hereinafter "Smith"), appeals the Marion County Court of Common Pleas' judgment entry of resentencing entered following a remand from the Sixth Circuit Court of Appeals. For the reasons that follow, we reverse.

{¶ 2} On October 19, 2004, at approximately 1:20 p.m., the Marion Community Credit Union located at 810 Kenton Avenue, Marion, Ohio 43302 was...

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