STATE v. PONCE

No. 11 MA 75.

2012 Ohio 4572

STATE OF OHIO, PLAINTIFF-APPELLEE, v. OSCAR PONCE, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Mahoning County.

September 24, 2012.


Attorney(s) appearing for the Case

Attorney Paul J. Gains , Prosecuting Attorney, Attorney Ralph M. Rivera , Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

Attorney John Limbian , The Commerce Building, 201 East Commerce Street, Youngstown, OH 44503, for Defendant-Appellant.

Mary DeGenaro, Cheryl L. Waite, Joseph J. Vukovich, Judges.


OPINION

DeGENARO, J.

{¶1} Defendant-Appellant, Oscar Ponce, appeals the May 2, 2011 judgment of the Mahoning County Court of Common Pleas disqualifying Ponce's retained counsel from representing him upon retrial for rape based upon the possibility that defense counsel might have to testify during that proceeding. On appeal, Ponce contends the trial court's decision was unreasonable and violates his right to have counsel of his own choosing...

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