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STATE v. SMITH

No. 105662.

111 N.E.3d 752 (2018)

2018-Ohio-1756

STATE of Ohio, Plaintiff-Appellee v. Deandrew SMITH, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: May 3, 2018.

Attorney(s) appearing for the Case

Marcus S. Sidoti , Jordan & Sidoti, L.L.P., Terminal Tower, Suite 1900, 50 Public Square, Cleveland, Ohio 44113, Mary Catherine Corrigan , 4403 St. Clair Avenue, Cleveland, Ohio 44103, ATTORNEYS FOR APPELLANT.

Michael C. O'Malley , Cuyahoga County Prosecutor, BY: Mary McGrath , Khalilah A. Lawson , Assistant Prosecuting Attorneys, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

BEFORE: Celebrezze, J., S. Gallagher, P.J., and Blackmon, J.

JOURNAL ENTRY AND OPINION

{¶ 1} Appellant, De'Andrew Smith,1 appeals from his motion to preclude the state from retrying him on charges of felonious assault. Appellant claims principles of double jeopardy preclude retrial for felonious assault after a jury found...

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