STATE v. STEWART

No. 91199.

2009 Ohio 2384

State of Ohio, Plaintiff-Appellee, v. David Stewart, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: May 21, 2009.


Attorney(s) appearing for the Case

Scott D. Claussen, Law Office of Scott Claussen, 8813 Memphis Villas Boulevard, Brooklyn, Ohio 44144, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: John R. Kosko, Brian P. Murphy, Assistant County Prosecutors, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Sweeney, J., Rocco, P.J., and McMonagle, J.


JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.:

{¶1} Defendant-appellant, David Stewart ("defendant"), appeals his convictions for negligent homicide and receiving stolen property. After reviewing the facts of the case and pertinent law, we affirm in part and reverse in part.

{¶2} On October 8, 2007, defendant, his girlfriend Sherez Addison, Dontez Walker, and Don Luster (the victim) were at 10707 Crestwood Avenue...

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