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City of Toledo v. Jenkins

Court of Appeals of Ohio, Sixth District

July 12, 2013

City of Toledo Appellee
v.
Roy Jenkins Appellant

Trial Court No. CRB-11-19621

David L. Toska, Chief Prosecuting Attorney, and Arturo Quintero, Assistant Prosecuting Attorney, for appellee.

Adam H. Houser, for appellant.

DECISION AND JUDGMENT

JENSEN, J.

{¶ 1} Roy Jenkins appeals from his conviction for interference with custody in violation of Toledo Municipal Code 515.04(a), a misdemeanor of the third degree.

{¶ 2} The following facts are not in dispute. Joy Jenkins is the adult child of Roy and Regina Jenkins. Pursuant to an order issued by the Lucas County Court of Common Pleas, Juvenile Division, in case No. 04-132874, Roy and Regina have been awarded "legal custody" of Joy's three minor children. Joy Jenkins has been awarded "parenting time."

{¶ 3} Pursuant to the juvenile court order, Joy was permitted parenting time on Thanksgiving Day, 2011. Roy refused to allow the visitation. On December 15, 2011, Joy filed a complaint in the Toledo Municipal Court alleging her father "did knowingly refuse to allow" the court ordered visitation.

{¶ 4} Roy Jenkins was convicted after entering a plea of no contest, assessed a fine in the amount of $50, and ordered to pay court costs. The fine and costs were stayed, pending appeal. On the day of the plea hearing, counsel for Roy Jenkins indicated "there is ongoing litigation [in the juvenile court] and that's basically where this matter has been for an extended period of time and continues to stay * * *."

{¶ 5} Roy Jenkins now appeals and assigns the following errors for our review:

1. The Conviction of the Appellant was the Result of an Improper Interpretation of the Statute by the Trial Court.
2. There was Insufficient Evidence to Convict the Appellant of Interference with Custody.
3. The Toledo Municipal Court was the Improper Forum for the Case and was an Abuse of Discretion for the Court to Hear the Case.

{¶ 6} We address Jenkins' second assignment of error first.

{¶ 7} The term "sufficiency of the evidence" refers to "the legal decision the trial court makes on whether the evidence presented is legally sufficient to prove each element of the crime." State v. Lee, 5th Dist. No. 98-CA-00249, 1999 WL 333330, *3 (May 10, 1999), citing State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997). "Whether the evidence is legally sufficient to sustain a verdict is a question of law." Thompkins at 386, citing State v. Robinson, 162 Ohio St. 486, 124 N.E.2d 148 (1955). The standard of review for a challenge to the ...


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