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STATE v. MURPHY

C.A. No. 2010 CA 81.

2011 Ohio 5416

State of Ohio, Plaintiff-Appellee, v. Robert Murphy, Defendant-Appellant.

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

Rendered on October 21, 2011.

Attorney(s) appearing for the Case

Andrew R. Picek, Atty. Reg. No. 0082121, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Jon Paul Rion, Atty. Reg. No. 0067020, 130 W. Second Street, Suite 2150, P. O. Box 1262, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

OPINION

DONOVAN, J.

{¶ 1} Defendant-appellant Robert Murphy appeals from his conviction and sentence for one count of breaking and entering, in violation of R.C. 2911.13(A), a felony of the fifth degree, and one count of burglary, in violation of R.C. 2911.12(A)(3), a felony of the third degree. Murphy filed a timely notice of appeal with this Court on August 12, 2010.

I

{¶ 2} The...

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