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STATE v. SMITH

No. 2252.

38 Ohio App. 3d 149 (1987)

THE STATE OF OHIO, APPELLEE, v. SMITH, APPELLANT.

Court of Appeals of Ohio, Clark County.

Decided July 28, 1987.

Attorney(s) appearing for the Case

Richard J. O'Neill, city prosecutor, for appellee.

Rodger P. Smith, pro se.

FAIN, J.

Defendant-appellant Rodger P. Smith was convicted of assault after a bench trial, and sentenced to six months' imprisonment. Smith claims that he was improperly deprived of his right to a jury trial, and that his conviction was against the weight of the evidence. We agree with Smith that he had the right to a jury trial, which he had not waived. Accordingly, his conviction will be reversed.

Smith was...

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