STATE v. FOSTER

No. 2007CA0080.

2009 Ohio 568

State of Ohio, Plaintiff-Appellee, v. Derreck M. Foster, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: February 9, 2009.


Attorney(s) appearing for the Case

KIrsten L. Pscholka-Gartner, 38 South Park Street, Mansfield, OH 44902, for Plaintiff-Appellee.

Cassandra J. M. Mayer, 79 South Main Street, Mansfield, OH 44902, Mansfield, OH 44902, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Julie A. Edwards, J.


OPINION

FARMER, J.

{¶1} On November 9, 2006, the Richland County Grand Jury indicted appellant, Derreck Foster, on two counts of felonious assault in violation of R.C. 2903.11, one alleging serious physical harm and the other alleging the use of a deadly weapon. Said charges arose from an altercation between appellant and Brain Moore over a handwritten note left on appellant's windshield. The alleged "deadly weapon" was appellant's cane...

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