CITY OF CLEVELAND v. MATHEWS

No. 97012.

2012 Ohio 1346

CITY OF CLEVELAND, PLAINTIFF-APPELLEE, v. DEMETRIUS L. MATHEWS, DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: March 29, 2012.


Attorney(s) appearing for the Case

Robert L. Tobik, Esq. , Cuyahoga County Public Defender, By: Cullen Sweeney, Esq. , Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellant.

Barbara Langhenry, Esq. , Interim Director of Law, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114; Jaclyn R. Shultz, Esq. , Victor R. Perez, Esq. , Assistant City Prosecutors, Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Sweeney, J., Blackmon, A.J., and Cooney, J.


JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.

{¶ 1} Defendant-appellant Demetrius Mathews ("defendant") appeals the denial of his motion to dismiss the charges against him and his conviction for negligent assault. For the reasons that follow, we reverse and vacate his conviction.

{¶ 2} On May 23, 2008, the city of Cleveland charged defendant in a two-count complaint with domestic violence and endangering children...

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