STATE v. WINTERMUTE

C.A. No. 24815.

2012 Ohio 3292

STATE OF OHIO, Plaintiff-Appellee, v. CHRISTOPHER WINTERMUTE, Defendant-Appellant.

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

Rendered on July 20, 2012.


Attorney(s) appearing for the Case

John Danish , City Attorney (Atty. Reg. No. 0046639); Amy B. Musto , Asst. City Prosecutor, Atty. Reg. No. 0071514, 335 W. Third Street, Room 372, Dayton, OH 45402, Attorneys for Plaintiff-Appellee.

Zachary Bushatz , Atty. Reg. No. 0083972, 2190 Gateway Drive, Fairborn, OH 45324, Attorney for Defendant-Appellant.


OPINION

GRADY, P.J.:

{¶ 1} Defendant Christopher Wintermute appeals from his conviction and sentence for assault in violation of R.C. 2903.13(A).

{¶ 2} On May 14, 2011, Defendant was helping his father move out of a house that his father had been renting with two roommates, Anthony Nelson and Harry Stoner. While Defendant and his father were carrying a bed boxspring down a flight of stairs, Nelson...

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