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STATE v. DAVIS

No. 09-CA-0019.

2009 Ohio 5175

State of Ohio, Plaintiff-Appellee, v. Roland Davis, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: September 24, 2009.

Attorney(s) appearing for the Case

Kenneth W. Oswalt, Licking County Prosecutor, By: Kenneth W. Oswalt, Licking County Prosecuting Attorney, 20 S. Second Street, Fourth Floor, Newark, Ohio 43055, for Plaintiff-Appellee.

Joseph E. Wilhelm, Assistant State Public Defender, 250 E. Broad Street-Suite 1400, Columbus, Ohio 43215, for Defendant-Appellant.

Before: Hon. Sheila G. Farmer, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, J.

{¶1} Defendant-appellant Roland Davis appeals the January 30, 2009 Judgment Entry entered by the Licking County Court of Common Pleas, denying his motion for leave to file a motion for a new trial upon finding he was not unavoidably prevented from discovering new evidence. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE1

{¶2} On July 8,2005...

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