STATE OF OHIO, Plaintiff-Appellee,
v.
JESSE J. METCALF, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on December 21, 2012.
Rendered on December 21, 2012.
Attorney(s) appearing for the Case
MATHIAS H. HECK, JR. , by KIRSTEN A. BRANDT , Atty. Reg. #0070162, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.
BRYAN K. PENICK , Atty. Reg. #0071489, Bryan K. Penick Co., L.P.A., 1800 Lyons Road, Dayton, Ohio 45458, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
HALL, J.
{¶ 1} Defendant-Appellant was convicted of aggravated robbery (deadly weapon), murder (proximate result of aggravated robbery), and aggravated burglary (physical harm) for shooting a man in his home in the head at close range and stealing his television. Defendant-Appellant contends that he cannot be convicted of both aggravated robbery and murder because the two offenses merge as allied offenses of similar import. He also...
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