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State v. Atkins

Court of Appeals of Ohio, Fifth District

June 14, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
HOLLY ATKINS, Defendant-Appellant

Appeal from the Licking County Municipal Court, Case No. 12CRB00543.

For Plaintiff-Appellee: AMY S. WEEKS.

For Defendant-Appellant: WILLIAM T. CRAMER.

Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

DELANEY, J.

{¶1} Appellant Holly Atkins appeals from the November 21, 2012 judgment entry of the Licking County Municipal Court convicting her upon one count of criminal damaging. Appellee is the state of Ohio.

FACTS AND PROCEDURAL HISTORY

{¶2} This case arose in the early morning hours of March 18, 2012 on Riley Street in the city of Newark, Ohio when Devin Lehman and his wife Angela McCullough awakened around 1:30 a.m. to the sound of someone pounding on their front door. Lehman discovered it was appellant, McCullough's stepsister. Appellant was yelling and demanding to speak to McCullough.

{¶3} McCullough came into the front porch area or "Florida room" as appellant attempted to push open the louvered jalousie windows and force her way into the house. Lehman and McCullough claimed appellant attacked McCullough, so they pushed her out the door. Appellant again pushed against the glass windows and broke out four of the louvers.

{¶4} Appellant then ran to her car and drove off. Lehman and McCullough called police, who took a report and photographed the damage to the windows.

{¶5} Appellant was charged with one count of assault pursuant to R.C. 2903.13, a misdemeanor of the first degree, and one count of criminal damaging pursuant to R.C. 2909.06, a misdemeanor of the second degree. Appellant entered pleas of not guilty and the case proceeded to jury trial. Appellant was acquitted of assault and found guilty of criminal damaging. The trial court sentenced appellant to a suspended jail term of 30 days, a fine of $175 plus court costs, placed her on probation for a period of one year, and ordered her to pay restitution.

{¶6} Appellant now appeals from the judgment entry of her conviction and sentence.

ASSIGNMENTS OF ERROR

{ΒΆ7} Appellant raises two ...


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