City of Cincinnati v. Bell, C-060592 (6-22-2007)

DECISION

{¶ 1} The trial court erred in finding that disorderly conduct, as a fourth-degree misdemeanor, is a lesser-included offense of assault. The state concedes this error. We reverse.

{¶ 2} Anthony Harris said that defendant-appellant J. B. Bell hit him in the side of the face. Harris ran to the police station, where he was given a warrant referral for domestic violence, though that was not the proper charge. He stated in his affidavit that Bell had hit him and had "pulled gun." The charge was filed as assault, a first-degree misdemeanor.1

{¶ 3} On the witness stand, Harris admitted that he…