The Ohio Supreme Court has reversed a prior decision of the Third District Court of Appeals which had overturned a Seneca County jury verdict finding a Tiffin resident guilty of felonious assault.
According to a release from the Seneca County Prosecutor's Office, the decision in the case of David L. Deanda, 39, was announced Wednesday.
Deanda originally had been indicted on a charge of attempted murder for stabbing his neighbor on Frost Parkway in 2009. A jury returned a guilty verdict on a lesser included charge of felonious assault in 2010 and that conviction was then reversed by the court of appeals in 2012.
The Seneca County Prosecutor's Office appealed the adverse decision to the Ohio Supreme Court and the court unanimously voted that felonious assault is a lesser included offense. According to the release, the case has been remanded back to the Third District Court of Appeals for consideration of any remaining appellate issues.
Seneca County Assistant Prosecutor Brian Boos represented the prosecutor's office at the Ohio Supreme Court.
"Brian did a tremendous job setting up the issue for the Supreme Court to consider," said Seneca County Prosecutor Derek DeVine in the release. "It's not often that we get the opportunity to present a case to the Ohio Supreme Court and I'm proud of Brian's hard work and diligence in following through on this important issue for our office and prosecutors throughout the state."
Deanda is currently serving a seven- year sentence in prison.