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STATE v. GRAY

No. 2010-CA-0089.

2011 Ohio 4570

State of Ohio, Plaintiff-Appellee, v. Marion E. Gray, Jr., Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: September 9, 2011.

Attorney(s) appearing for the Case

JAMES J. MAYER, JR., Richland County Prosecutor, 38 South Park Street, Mansfield, OH 44902, for Plaintiff-Appellee.

JEFFEREY R. STIFFLER, DAVID C. BADNELL CO., L.P.A., 21 North Walnut Street, Mansfield, OH 44902, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Patricia A. Delaney, J.

OPINION

GWIN, P.J.

{¶1} Defendant-appellant Marion Gray, Jr. appeals from the June 14, 2010 second re-sentencing order entered by the Richland County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} Appellant was originally convicted after a jury trial on one count of murder, one count of felonious assault, one count of "physical harm" robbery, and one...

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