State v. Berry, Ca2006-11-133 (12-28-2007)

OPINION

{¶ 1} Defendant-appellant, Mark V. Berry, appeals from his judgment of conviction in the Warren County Court of Common Pleas on one count of domestic violence. For the reasons outlined below, we reverse the decision of the trial court finding appellant guilty of domestic violence, but remand with instructions to the trial court to consider a conviction for the lesser included offense of disorderly conduct.

{¶ 2} In July 2006, appellant was arrested for domestic violence after an altercation with his wife Carolyn. Appellant was charged with a misdemeanor in the first degree, in violation…