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STATE v. SMITH

No. CA2012-01-004.

2012 Ohio 4523

STATE OF OHIO, Plaintiff-Appellee, v. JEFFREY A. SMITH, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Clermont County.

October 1, 2012.

Attorney(s) appearing for the Case

Donald White , Clermont County Prosecuting Attorney, David Hoffmann , 123 North Third Street, Batavia, Ohio 45103-3033, for plaintiff-appellee.

R. Daniel Hannon , Clermont County Public Defender, Robert Benintendi , 10 South Third Street, Batavia, Ohio 45103, for defendant-appellant.

OPINION

POWELL, P.J.

{¶ 1} A defendant who pled guilty to kidnapping, aggravated burglary, and felonious assault seeks to overturn his convictions based on claims of merger, sentencing errors, and ineffective assistance of trial counsel. We affirm the defendant's conviction because merger was not required when kidnapping and felonious assault were committed separately with a separate animus, the trial court properly imposed consecutive...

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