State v. Scott, Ca2008-06-149 (3-30-2009)

OPINION

{¶ 1} Defendant-appellant, David Lane Scott, appeals his conviction in the Hamilton Municipal Court for assault.

{¶ 2} On February 17, 2008, Jacqueline Noe called the Hamilton Police Department after getting into an argument with appellant, who was her boyfriend. Officer Derek Fryman responded to an apartment where Noe and appellant lived, and observed that Noe appeared extremely distraught. Noe reported to Officer Fryman that she and appellant had been fighting and that appellant grabbed her, pushed her down, and struck her in the face. Appellant admitted that he and Noe had been in a…