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STATE v. FRANKLIN

C.A. No. 25125.

2012 Ohio 6223

STATE OF OHIO, Plaintiff-Appellee, v. ANTHONY J. FRANKLIN, Defendant-Appellant.

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

Rendered on December 31, 2012.

Attorney(s) appearing for the Case

KIRSTEN A. BRANDT, Atty. Reg. No. 0070162, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee

DANIEL J. O'BRIEN, Atty. Reg. No. 0031461, 1210 Talbott Tower, 131 N. Ludlow Street, Dayton, Ohio 45402 Attorney for Defendant-Appellant

OPINION

FROELICH, J.

{¶ 1} Anthony James Franklin appeals from a judgment of the Montgomery County Court of Common Pleas, which amended its termination entry to exclude a conviction and sentence for engaging in a pattern of corrupt activity, in accordance with our conclusion in his prior appeal that the jury had not been properly instructed on that charge, but which did not modify the other sentences imposed in the...

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