STATE v. DIAZ

Appellate No. 22604.

2009 Ohio 2738

State of Ohio, Plaintiff-Appellee, v. Nigel Diaz, Defendant-Appellant.

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

Rendered on June 5, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by R. Lynn Nothstine, Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

C. Douglas Copley, Atty. Reg. #0066825, P.O. Box 13212, Dayton, Ohio 45413, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Nigel Diaz appeals from his conviction in the Montgomery County Common Pleas Court of purposeful murder in violation of R.C. 2903.02(A), one count of felony murder in violation of R.C. 2903.02(B), felonious assault with a deadly weapon in violation of R.C. 2903.11(A)(2), one count of tampering with evidence in violation of R.C. 2921.12(A)(1), and five firearm specifications.

{¶ 2} On November...

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