State v. Booker, 22990 (3-6-2009)

OPINION

{¶ 1} Defendant, Darryl Booker, appeals from his conviction and sentence for felonious assault.

{¶ 2} On April 23, 2008, at around 10:00 p.m., Janet Spear was with friends near the corner of Germantown Street and Dennison Avenue in Dayton. Defendant walked by and called Spear a "bitch." An argument ensued, and Defendant and Spear went back and forth, cussing at each other. When Defendant hit Spear in the face, she hit him back. After tussling with Spear for a few seconds, Defendant picked her up and threw her against a brick wall. Spear did not move and was unresponsive for two or three…