State v. Smith

{¶ 1} Defendant-appellant, Michael D. Smith ("Smith"), appeals from a jury verdict finding him guilty of aggravated menacing, disorderly conduct, and ethnic intimidation. For the reasons set forth below, we affirm in part and reverse in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

{¶ 2} On August 28, 2015, a five-count complaint was filed alleging that Smith had committed a series of misdemeanor offenses stemming from incidents at a California Fitness gym. The first count alleged that Smith had committed first degree misdemeanor assault, in violation of Columbus City Code 2303.13(A), when he…