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STATE v. BREIDENBACH

No. 10CA10.

2010 Ohio 4335

State of Ohio, Plaintiff-Appellee, v. Frederick Breidenbach, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Athens County.

File-stamped date: September 10, 2010.

Attorney(s) appearing for the Case

Adam J. Baker, Athens, Ohio, for Appellant.

Patrick J. Lang, Athens City Law Director, and Lisa A. Eliason, Chief Athens City Prosecutor, Athens, Ohio, for Appellee.

DECISION AND JUDGMENT ENTRY

KLINE, J.

{¶1} Fredric S. Breidenbach (hereinafter "Breidenbach") appeals the judgment of the Athens County Municipal Court. After a bench trial on Breidenbach's assault charge, the trial court convicted him of the lesser included offense of disorderly conduct. On appeal, Breidenbach contends that disorderly conduct is not a lesser included offense of assault. For that reason, Breidenbach argues that his disorderly...

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