State v. Foster, 08ap-523 (7-15-2008)

OPINION

{¶ 1} Defendant-appellant, Derrick L. Foster, appeals from an entry denying his motion to set bond and ordering him held without bail as he awaits trial.

{¶ 2} Appellant has been indicted on two counts of felonious assault with firearm specifications and specifications that the victims were police officers. The state has opposed bail under any conditions and moved, pursuant to R.C. 2937.222, to deny bail pending trial.

{¶ 3} Under Section 9, Article I of the Ohio Constitution, there is a general presumption of bail while awaiting trial on criminal charges. Until that section was altered…