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STATE v. HOWE

Appellate No. 23423.

2010 Ohio 1621

State of Ohio, Plaintiff-Appellee, v. Weston Lee Howe, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on April 9, 2010.

Attorney(s) appearing for the Case

Mathias H. Heck, JR., by Michele D. Phipps, Atty. Reg. #0069829, 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.

Weston Lee Howe, Jr., #269-277, Mansfield Correctional Institution, Post Office Box 788, Mansfield, Ohio 44901 Defendant-Appellant, pro se.

OPINION

FAIN, J.

{¶ 1} Defendant-appellant Weston L. Howe, Jr., appeals from a 2009 order of the trial court overruling his motion to dismiss his 1992 indictment for Aggravated

Robbery and for Aggravated Burglary. Howe contends that his indictment for those offenses was defective because it failed to allege mens rea elements required for Aggravated Robbery and for Aggravated Burglary. He contends that this defect renders his convictions...

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