STATE v. BOOKER

C.A. No. 22990.

2009 Ohio 1039

State of Ohio, Plaintiff-Appellee, v. Darryl Booker, Defendant-Appellant.

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

Rendered on March 6, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Melissa M. Ford, Atty. Reg. No.0084215, Asst. Pros. Attorney, P.O. Box 972, Dayton, Oh 45422, Attorneys for Plaintiff-Appellee.

William T. Daly, Atty. Reg. No.0069300, 1250 W. Dorothy Lane, Suite 105, Kettering, Oh 45409, Attorney for Defendant-Appellant.


OPINION

GRADY, J.

{¶ 1}Defendant, Darryl Booker, appeals from his conviction and sentence for felonious assault.

{¶ 2}On April 23, 2008, at around 10:00 p.m., Janet Spear was with friends near the corner of Germantown Street and Dennison Avenue in Dayton. Defendant walked by and called Spear a "bitch." An argument ensued, and Defendant and Spear went back and forth, cussing at each other. When Defendant hit Spear...

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