STATE OF OHIO, Plaintiff-Appellee,
v.
KEVIN D. TOLLIVER Defendant-Appellant
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on January 18, 2013.
Rendered on January 18, 2013.
Attorney(s) appearing for the Case
MATHIAS H. HECK, JR. , by ANDREW T. FRENCH , Atty. Reg. #0069384, 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.
CHARLES M. BLUE , Atty. Reg. #0074329, Murr, Compton, Claypoole & Macbeth, 401 East Stroop Road, Kettering, Ohio 45429-2829, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Kevin Darvon Tolliver appeals from his conviction and sentence for Robbery, in violation of R.C. 2911.02(A)(3), a felony of the third degree. He contends that the trial court committed plain error when it failed to instruct the jury on recklessness as the mens rea applicable to the element of the use, or threat of immediate use, of force against a person. We agree. The judgment of the trial court...
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