State v. Lathan

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[Cite as State v. Lathan, 2002-Ohio-2686.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-01-1030 Appellee Trial Court No. CR-00-1588 v. Darek Lathan DECISION AND JUDGMENT ENTRY Appellant Decided: May 31, 2002 * * * * * Julia R. Bates, Lucas County Prosecuting Attorney, and Robert L. Clark, Assistant Prosecuting Attorney, for appellee. Jack P. Viren, Jr., for appellant. * * * * * PIETRYKOWSKI, P.J. {¶1} This is an appeal from a judgment of conviction and sentence entered by the Lucas County Court of Common Pleas after a jury found defendant-appellant, Darek Lathan, guilty of one count of aggravated robbery with a gun specification and guilty of one count of kidnaping with a gun specification. {¶2} In light of our ruling in the case of State v. Purley (May 31, 2002), Lucas App. No. L-01-1005, in which we reversed the conviction and sentence of appellant's codefendant James William Purley on the ground of prosecutorial misconduct, appellant's first assignment of error is well-taken and assignments of error are rendered moot. his second and third {¶3} On consideration whereof, the court finds that appellant was prejudiced and prevented from having a fair trial and the judgment of the Lucas County Court of Common Pleas is reversed. This case is hereby remanded for a new trial. Court costs of this appeal are assessed to appellee. JUDGMENT REVERSED. Melvin L. Resnick, J. ____________________________ JUDGE Richard W. Knepper, J. Mark L. Pietrykowski, P.J. CONCUR. ____________________________ JUDGE ____________________________ JUDGE 2.

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