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STATE v. ROBERTS

No. L-95-136.

109 Ohio App.3d 634 (1996)

The STATE of Ohio, Appellee, v. ROBERTS, Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Anthony G. Pizza, Lucas County Prosecuting Attorney, and Thomas N. Tomczak, Assistant Prosecuting Attorney, for appellee.

Charles S. Wittenberg, for appellant.

ABOOD, Judge.

This is an appeal from a judgment of the Lucas County Court of Common Pleas in which, following a jury trial, appellant Louie Conley Roberts III was found guilty and sentenced on one count of felonious assault and one count of aggravated assault.

Appellant sets forth the following assignments of error:

"A. The trial court committed plain error by instructing the jury that it could consider the lesser offense of aggravated assault only...

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