State v. Nichols, 2005-L-017 (9-28-2007)

OPINION

{¶ 1} Appellant, Michael W. Nichols, Jr., appeals from the judgment of the Lake County Court of Common Pleas, finding him guilty of felonious assault, and sentencing him to five years imprisonment. We reverse, and remand the matter for a new trial.

{¶ 2} April 21, 2004, the Lake County Grand Jury indicted Mr. Nichols on one count of felonious assault, a second degree felony in violation of R.C. 2903.11(A)(1), for a fight occurring February 12, 2004, at the Madtown Lounge in Lake County, Ohio. Jury trial commenced November 1, 2004; November 4, 2004, the jury returned a verdict of guilty.…