State v. Hawthorne, Unpublished Decision (12-16-2005)

OPINION

{¶ 1} Defendant-appellant Todd Hawthorne appeals from his conviction in the Columbiana County Common Pleas Court of burglary in violation of R.C. 2911.12 (A)(3) and possession of criminal tools in violation of R.C. 2923.24(A). Three issues are presented in this appeal. The first issue is whether the state's failure to comply with the rules of discovery, referencing prior bad acts and making improper statements in closing arguments, amounted to prosecutorial misconduct warranting a new trial. The second issue is if the above errors were harmless, did the cumulative effect of those…