State v. Houston, 90780 (1-22-2009)

JOURNAL ENTRY AND OPINION

{¶ 1} The state of Ohio appeals from an order that granted defendant-appellee Darrell Houston's motion for a new trial. The state complains that the court erred by granting Houston leave to file a motion for a new trial and by finding that Houston presented new, material evidence to warrant a new trial. We find no abuse of discretion and affirm.

I

{¶ 2} The facts offered at Houston's 1992 trial showed that a witness named James Pope testified that he worked at a convenience store in September 1991. Pope said that he had been in the basement of the store when he heard a…