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STATE v. SALDANA

No. 16-08-09.

2008 Ohio 5829

State of Ohio, Plaintiff-Appellee, v. Juan A. Saldana, Defendant-Appellant.

Court of Appeals of Ohio, Third District, Wyandot County.

November 10, 2008.

Attorney(s) appearing for the Case

Scott Johnson, Attorney at Law, Reg. #0077462, 3727 County Road 96, Carey, OH 43316, for Appellant.

Jonathan K. Miller, Prosecuting Attorney, Reg. #0064743, 137 S. Sandusky Avenue, Upper Sandusky, OH 43351, for Appellee.

OPINION

WILLAMOWSKI, J.

{¶1} The defendant-appellant, Juan Saldana, appeals the judgment of the Wyandot County Common Pleas Court convicting him of felonious assault following a jury trial. On appeal, Saldana argues the trial court erred by failing to instruct the jury on the inferior offense of aggravated assault because there was sufficient evidence of serious provocation to warrant the instruction. For the reasons set forth herein, we...

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