STATE v. SMITH

C.A. No. 24553.

2012 Ohio 5920

STATE OF OHIO, Plaintiff-Appellee, v. SHAWN D. SMITH, Defendant-Appellant.

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

Rendered on December 14, 2012.


Attorney(s) appearing for the Case

R. LYNN NOTHSTINE , Atty. Reg. No. 0061560, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

DANIEL E. BRINKMAN , Atty. Reg. No. 0025365, Suite 2000 Liberty Tower, 120 W. Second Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

SHAWN D. SMITH , #539771, Southern Ohio Correctional Facility, P. O. Box 45699, Lucasville, Ohio 45699, Defendant-Appellant.


OPINION

FROELICH, J.

{¶ 1} Shawn D. Smith appeals from a judgment of the Montgomery County Court of Common Pleas, which, upon remand, sentenced him to an aggregate term of 46 years in prison. For the following reasons, the trial court's judgment will be affirmed.

{¶ 2} In January 2007, in Case No. 2006 CR 2323, a jury found Smith guilty of aggravated robbery, robbery, and engaging in a pattern...

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