STATE v. WEATHERS

No. CA2011-01-013.

2011 Ohio 6793

State of Ohio, Plaintiff-Appellee, v. David Weathers, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

December 30, 2011.


Attorney(s) appearing for the Case

Michael T. Gmoser , Butler County Prosecuting Attorney, Donald R. Caster , Government Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee.

Sarah G. LoPresti , Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, for defendant-appellant.


OPINION

POWELL, P.J.

{¶1} A defendant convicted of felonious assault, felony domestic violence, and violation of a protection order for punching his victim argues on appeal that those offenses should have been merged for sentencing. We agree and remand this case for a new sentencing hearing after the state selects which allied offense to pursue.

{¶2} David Weathers was charged with three offenses in connection...

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