State v. Smith, 23288 (4-11-2007)

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Tori R. Smith, appeals his conviction out of the Summit County Court of Common Pleas. This Court affirms.

I

{¶ 2} Appellant was indicted on two counts of felonious assault, one in violation of R.C. 2903.11(A)(1)/(A)(2) and the other in violation of R.C. 2903.11(A)(2), both felonies of the second degree. At the conclusion of trial, the jury found appellant guilty of the first count and not guilty of the second count. The…