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STATE v. KELLEY

C.A. No. 2011 CA 37.

2012 Ohio 1095

STATE OF OHIO, Plaintiff-Appellee, v. TYRONE KELLEY, Defendant-Appellant.

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

Rendered on March 16, 2012.

Attorney(s) appearing for the Case

Lisa M. Fannin, Atty. Reg. No. 0082337, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Adam James Stout, Atty. Reg. No. 0080334, 2533 Far Hills Avenue, Dayton, Ohio 45419, Attorney for Defendant-Appellant.

OPINION

DONOVAN, J.

{¶ 1} This matter is before the Court on the Notice of Appeal of Tyrone Kelley, filed May 16, 2011.

{¶ 2} On December 13, 2010, Kelley was indicted on one count of burglary, in violation of R.C. 2911.12(A)(4), a felony of the fourth degree. On February 15, 2011, Kelley filed a notice of alibi, which alleged that he was at the home of Yumashita Murray at the time of the...

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