State v. Morton

Patton, Judge.

{¶ 1} Defendant-appellant Franklin Morton, Jr. appeals his conviction of aggravated burglary with a firearm and aggravated assault with a firearm, as well as his sentence.

{¶ 2} Defendant, a thirty-six-year-old, 180-pound man, was involved in an altercation with the victim, a fifty-eight-year-old, 140-pound man, in the victim’s apartment. Although neither side disputes that defendant initially was in the apartment with permission, their stories vary regarding how he came to be there. According to the victim, two young women who were staying with the victim invited defendant in.…