State of Ohio, Plaintiff-Appellant,
v.
Scott A. Breitenstein, Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on September 2, 2011.
Rendered on September 2, 2011.
Attorney(s) appearing for the Case
JOHN DANISH , Atty. Reg. #0046639, and STEPHANIE L. COOK , Atty. Reg. #0067101, by AMY B. MUSTO, Atty. Reg. #0071514, City of Dayton Prosecutor's Office, 335 West Third Street, Room 372, Dayton, Ohio 45402, Attorneys for Plaintiff-Appellant.
MELISSA A. PFAHLER , Atty. Reg. #0086031, Law Office of the Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
HALL, J.
{¶ 1} Scott Breitenstein and Christopher Quedeweit live in the same duplex, Breitenstein in the upper unit, Quedeweit in the lower, and they share the back yard. They both own dogs. On April 15, 2010, while Breitenstein was sleeping, Eric Smith, a neighbor, entered Breitenstein's unit, put a leash on Breitenstein's dog, and took it into the back yard. Smith often did this. Quedeweit and his dog were in the back yard at...
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