STATE v. MILLER

No. 96781.

2012 Ohio 1191

STATE OF OHIO, PLAINTIFF-APPELLEE, v. MARVIN MILLER, DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: March 22, 2012.


Attorney(s) appearing for the Case

Russell S. Bensing , 1350 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: John Wojton , Brian D. Kraft , Assistant County Prosecutors, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: E. Gallagher, J., Sweeney, P.J., and Jones, J.


JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.

{¶ 1} Marvin Miller ("appellant") appeals his conviction for assault on a peace officer, rendered after a jury trial, and his 18-month sentence. For the following reasons, we modify appellant's conviction and remand for resentencing.

{¶ 2} At the time of the offense, appellant resided with his elderly and disabled mother at 7703 Lockyear Avenue, Cleveland, Ohio...

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