STATE v. MUSTAINE

Appellate No. 23703.

2010 Ohio 4922

State of Ohio, Plaintiff-Appellee, v. Mitchell A. Mustaine, Defendant-Appellant.

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

Rendered on October 8, 2010.


Attorney(s) appearing for the Case

John Danish, Atty. Reg. #0046639, and Stephanie Cook, Atty. Reg. #0067101, by Ebony Wreh, Atty. Reg. 30080629, City of Dayton Prosecutor's Office, 335 West Third Street, Dayton, Ohio 45402, Attorney for Plaintiff-Appellee.

Wilmer J. Dechant, Jr., Atty. Reg. #0085084, Dechant Law Office, LLC, 257 Regency Ridge Drive, Centerville, Ohio 45459, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Mitchell Mustaine appeals from his conviction on one count of Assault in violation of R.C. 2903.13(A). Mustaine contends that the State failed to present evidence sufficient to sustain the conviction. He further claims that the conviction is against the manifest weight of the evidence. Finally, Mustaine contends that the trial court erred by failing to grant his request for a stay of execution...

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