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STATE v. THAXTON

C.A. No. 24868.

2012 Ohio 4184

STATE OF OHIO, Plaintiff-Appellee, v. ELVIS THAXTON, Defendant-Appellant.

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

Rendered on September 14, 2012.

Attorney(s) appearing for the Case

Troy B. Daniels , Atty. Reg. No. 0084957, 335 West Third Street, Room 372, Dayton, Ohio 45402, Attorney for Plaintiff-Appellee.

Andrew D. Lucia , Atty. Reg. No. 0067191, P.O. Box 122, Troy, Ohio 45373, Attorney for Defendant-Appellant.

OPINION

GRADY, P.J.

{¶ 1} Defendant Elvis Thaxton appeals from his conviction and sentence for theft, R.C. 2913.02(A)(1), and criminal trespass, R.C. 2911.21(A)(2).

{¶ 2} In the early morning hours of April 5, 2011, while Defendant was driving Richard McElfresh and Brian Barnett home from work, as he often did, Defendant decided to stop to pick up some scrap metal. Defendant pulled into the...

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