State v. Sheehan, Ca2006-10-285 (6-9-2008)

OPINION

{¶ 1} Defendant-appellant, Daniel J. Sheehan, appeals from his conviction and sentence in the Hamilton Municipal Court for one count of assault. For the reasons outlined below, we affirm in part, and reverse in part, and remand.

{¶ 2} On July 12, 2006, appellant entered a no contest plea to one count of assault, a first degree misdemeanor in violation of R.C. 2903.13(A). The charge stemmed from an incident on March 9, 2006 in which appellant was engaged in a fight at a restaurant in Hamilton, Ohio. The victim, Joseph Cook, attempted to break up the altercation and became injured when he…