STATE v. COTTRELL

Appellate No. 23076.

2009 Ohio 6132

State of Ohio, Plaintiff-Appellee, v. Richard D. Cottrell, Defendant-Appellant.

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

Rendered on November 20, 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.

William T. Daly, Atty. Reg. #0069300, 1250 West Dorothy Lane, Suite 105, Kettering, Ohio 45409, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Richard Cottrell appeals from his conviction of two counts of aggravated burglary, having a weapon while under a disability, felonious assault and three firearm specifications.

{¶ 2} The facts surrounding Cottrell's conviction are as follows: On the evening of April 30, 2008, Keith Allen awoke to find his nephew, Cottrell, beating him over the head with a handgun, demanding that Allen give...

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