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STATE v. FAIR

C.A. No. 24388.

2011 Ohio 4454

State of Ohio, Plaintiff-Appellee, v. Derrick Fair, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on September 2, 2011.

Attorney(s) appearing for the Case

R. Lynn Nothstine , Atty. Reg. No. 0061560, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Byron K. Shaw , Atty. Reg. No. 0073124, 4800 Belmont Place, Huber Heights, Ohio 45424, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} Defendant, Derrick Fair, appeals from his conviction for felonious assault. For the following reasons, we affirm the judgment of the trial court.

I

{¶ 2} On April 18, 2010, Diana Freeman was struck by an automobile on Spinning Road in Dayton and suffered serious injuries. Witnesses on the scene reported that Fair pushed her in front of the car as it came...

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