State v. Miller, Unpublished Decision (2-10-2005)

OPINION

{¶ 1} Defendant-appellant, Kelly J. Miller, appeals from two judgments of conviction and sentence entered by the Franklin County Court of Common Pleas. For the following reasons, we affirm those judgments in part and reverse in part and remand the matter for resentencing.

{¶ 2} A little after midnight on October 22, 2002, appellant walked into the Three Deuces Bar located on West Broad Street in Columbus, Ohio. Howard Carter, the owner of the bar, and Jacquline Caperton, a waitress, were working at the bar that night. Caperton's sister was also at the bar. Appellant asked Carter for a…