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State v. Smith

11/6/1997

illing Lewis. There was evidence appellant and Ashunte killed Lewis after they kidnapped him from the front yard of Shenell Owens' residence.


Based on the foregoing, sufficient evidence supporting both appellant's conviction for kidnapping and aggravated murder was admitted at trial. Accordingly, appellant's twelfth assignment of error lacks merit.


Judgment affirmed.


It is ordered that appellee recover of appellant its costs herein taxed.


The court finds there were reasonable grounds for this appeal. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.


It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution.


A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.


DAVID T. MATIA, P.J. and TERRENCE O'DONNELL, J. CONCUR.


LEO M. SPELLACY Judge




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