STATE v. FREEDERS

C.A. No. 23952.

2011 Ohio 4871

State of Ohio, Plaintiff-Appellee, v. Cody A. Freeders, Defendant-Appellant.

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

Rendered on September 23, 2011.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Pros. Attorney; Johnna M. Shia , Asst. Pros. Attorney, Atty. Reg. No. 0067685, P.O. Box 972, Dayton, OH 45422, Attorney for Plaintiff-Appellee.

Daniel E. Brinkman , Atty. Reg. No. 0025365, 120 West Second Street, Suite 2000, Liberty Tower, Dayton, OH 45402, Attorney for Defendant-Appellant.


OPINION

GRADY, P.J.

{¶ 1} On June 8, 2009, Defendant Cody Freeders, accompanied by David Rupp, drove to 14990 Brookville-Pyrmont Road in Perry Township, the home of Jeffrey Todd. Defendant was armed with a handgun. Rupp had a baseball bat. Defendant believed that Todd owed him money, and his purpose or intent was to assault and/or rob Todd.

{¶ 2} Defendant and Rupp entered Todd's residence without permission. A...

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