STATE v. BANKSTON

Appellate No. 24192.

2011 Ohio 6486

State of Ohio, Plaintiff-Appellee, v. Milton Bankston, Defendant-Appellant.

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

Rendered on December 16, 2011.


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, Attorneys for Plaintiff-Appellee.

RICHARD D. DONENFELD , Atty. Reg. #24192, 120 West Second Street, Suite 2000, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Milton Bankston appeals his conviction, after a jury trial, of domestic violence against Inez Coles, in violation of R.C. 2919.25(A), with a prior conviction for domestic violence. The key assignments of error concern the state's playing of two audio recordings of telephone conversations that Bankston had from jail with, respectively, his mother and the victim. For the reasons that follow, we reverse the conviction...

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