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STATE v. STAPLETON

No. 12CA3477.

2012 Ohio 4964

STATE OF OHIO, Plaintiff-Appellee, v. JEFFREY K. STAPLETON, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Scioto County.

Released: October 23, 2012.

Attorney(s) appearing for the Case

Bryan Scott Hicks , Lebanon, Ohio, for appellant.

Mark E. Kuhn , Scioto County Prosecutor, and Matthew A. Wisecup , Scioto County Assistant Prosecutor, Portsmouth, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} This case stemmed from an incident in which Jeffrey Stapleton allegedly took a guitar from the home of Donald Burke, an 84-year-old man. After a jury found Stapleton guilty of burglary and theft from an elderly person, the trial court merged the offenses for sentencing purposes. On appeal, Stapleton contends that the jury's findings of guilt were against the manifest weight of the evidence because...

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