State v. Smith, Unpublished Decision (1-10-2007)

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:

{¶ 1} Defendant-Appellant Marrion Smith has appealed from his convictions in the Summit County Court of Common Pleas. This Court reverses and remands.

I

{¶ 2} On June 24, 2005, Defendant-Appellant Marrion Smith was indicted by supplemental indictment on one count of theft, in violation of R.C.2913.02(A)(1)/(A)(4), a felony of the fifth degree; one count of grand theft, in violation of R.C. 2913.02(A)(1)/(A)(4), a felony of the fourth…