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STATE v. CARPENTER

No. 94709.

2011 Ohio 211

State of Ohio, Plaintiff-Appellee, v. James Carpenter, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: January 20, 2011.

Attorney(s) appearing for the Case

Ruth Fischbein-Cohen , 3552 Severn Road, Suite 613, Cleveland Hts., Ohio 44118, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Carrie Heindrichs , Assistant County Prosecutor, 9th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Cooney, J., Kilbane, A.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶ 1}Defendant-appellant, James Carpenter ("Carpenter"), appeals his felonious assault conviction. Finding no merit to his appeal, we affirm.

{¶ 2} The procedural background of Carpenter's first trial was previously set forth by this court in State v. Carpenter, Cuyahoga App. No. 91769, 2009-Ohio-3593 ("Carpenter I"), in which we stated:

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