State v. Maynez, 4-07-23 (6-23-2008)

OPINION

{¶ 1} Defendant-appellant, Jose G. Maynez (hereinafter "Maynez"), appeals the Defiance County Court of Common Pleas judgment of conviction and imposition of sentence. For reasons that follow, we affirm.

{¶ 2} Around 9:30 a.m. on December 16, 2007, Maynez returned to the apartment he shared with his live-in girlfriend and mother of his child, Diana Fackler. (Oct. 1, 2007 Tr. Vol. I at 272); (Oct. 2, 2007 Tr. Vol. II at 343). Soon after he arrived home, Maynez confronted Fackler about a man's hooded sweatshirt he found in the apartment that did not belong to him. (Oct. 1, 2007 Tr. Vol. I…