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STATE v. BYRD

C.A. No. 24964.

2012 Ohio 4616

STATE OF OHIO, Plaintiff-Appellee, v. DEREK W. BYRD, Defendant-Appellant.

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

Rendered on October 5, 2012.

Attorney(s) appearing for the Case

R. LYNN NOTHSTINE , Atty. Reg. No. 0061560, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

MARK A. DETERS , Atty. Reg. No. 0085094, 1800 Lyons Road, Dayton, Ohio 45458, Attorney for Defendant-Appellant.

OPINION

DONOVAN, J.

{¶ 1} Defendant-appellant Derek W. Byrd appeals his conviction and sentence for one count of involuntary manslaughter, in violation of R.C. 2903.04(B) and 2903.13(A), a felony of the third degree. Byrd filed a timely notice of appeal with this Court on December 27, 2011.

{¶ 2} We set forth the history of the case in State v. Byrd, 2d Dist. Montgomery No. 23950,...

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