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State of Ohio v. Timothy Tilton

October 28, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
TIMOTHY TILTON
DEFENDANT-APPELLANT



Criminal Appeal from Dayton Municipal Court Trial Court Case No. 10-CRB-11028

The opinion of the court was delivered by: Fain, J.

Cite as State v. Tilton,

OPINION

{¶1} Defendant-appellant Timothy Tilton appeals from his conviction and sentence for Domestic Violence, a misdemeanor of the first degree. Tilton was also found guilty of Assault, a misdemeanor of the first degree, but no sentence was imposed for that offense, the 2 trial court having found that the two offenses were allied offenses of similar import, and the State having elected to have Tilton sentenced on the Domestic Violence conviction.

{¶2} Tilton contends that the trial court erred by rendering a verdict convicting him of Assault, even though no sentence was imposed for that offense. Tilton also contends that his Domestic Violence conviction is against the manifest weight of the evidence.

{¶3} The State, besides rebutting Tilton's contentions, argues that this appeal is moot, because Tilton paid his fine and served all of his jail time before seeking a stay of execution.

{¶4} We conclude that Tilton's appeal is not moot, because a portion of his fine was suspended conditionally, and he remains subject to the possibility that the suspended portion of his fine may yet have to be paid. Upon the authority of State v. Whitfield, 124 Ohio St.3d 319, 2010-Ohio-2, we conclude that the trial court did not err in finding Tilton guilty of both offenses, while sentencing him only on one. Finally, we conclude that Tilton's conviction for Domestic Violence is not against the manifest weight of the evidence. Accordingly, the judgment of the trial court is Affirmed.

I

{¶5} Cynthia Bryant shared a home with Tilton. One morning in October, 2010, they got into an argument about various subjects. According to Bryant, Tilton became violent:

{¶6} "A. I really don't remember exactly how it started. How I ended up the way I was. I just know that he kept grabbing me by my head and my hair and flung me down on the floor and took my head and hit the side of my face on the floor. I hit the coffee table a couple of 3 times. He didn't strike me with his fist. He will tell you that. He won't hit me just drug me around the living room by my hair. I passed out. I urinated on myself while I was passed out. I woke up to him kicking me. Saying there is nothing wrong with you."

{¶7} Bryant testified that Tilton pinned her down by sitting on her leg, twisted her leg, and threatened to break it.

{¶8} Bryant went into the bedroom to get a change of clothes. While there, she used a cell phone to call 911.

{¶9} When the police arrived in response to Bryant's 911 call, they found that: "The furniture was moved around. A couple of potted plants were knocked over. Area rugs were kind of wrinkled up like they had been pushed from the edge." They also observed that Bryant: "* * * was upset, crying. She had some red marks on her face and head. Around her hair line."

Photographs of Bryant taken at the scene, showing her injuries, were introduced in evidence.

{¶10} Tilton testified and gave a different version of events, in which he was merely attempting to prevent Bryant from abusing some prescription drugs she had. He testified that Bryant had caused the mess in the house, and that he had not caused her injuries, and did not know how they were caused. He also testified that Bryant was "very intoxicated" on her medications. The police officer on the scene, who had years of experience with persons intoxicated on drugs, testified that Bryant showed no signs of intoxication.

{ΒΆ11} Tilton was arrested and charged with Domestic Violence, in violation of R.C. 2919.25(A), a misdemeanor of the first degree, and Assault, in violation of R.C. 2903.13(A), a misdemeanor of the first degree. Following a bench trial, he was found guilty of both offenses. The trial court ...


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