State v. Estrada

Waite, Judge.

This appeal arises out of a judgment rendered by the Mahoning County Court of Common Pleas, dismissing an indictment against appellee Victor Estrada. Appellant argues that the trial court erroneously dismissed the indictment, as the statute under which appellee was charged applied to the circumstances of the case, i.e., the discharging of a firearm into a convenience store. For the following reasons, this court affirms the judgment of the trial court.

On July 14, 1995, the Mahoning County Grand Jury indicted appellee for improperly discharging a firearm at or into a habitation or…