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State v. Herron

Court of Appeals of Ohio, Eighth District

July 18, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MICHAEL L. HERRON DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-561135

ATTORNEY FOR APPELLANT Ruth Fischbein-Cohen.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Matthew E. Meyer Adam M. Chaloupka Assistant Prosecuting Attorneys.

JOURNAL ENTRY AND OPINION

BEFORE: Rocco, J., Boyle, P.J., and Blackmon, J.

KENNETH A. ROCCO, J.

{¶1} Defendant-appellant Michael Herron appeals from his conviction and the journal entry of sentence imposed after a jury found him guilty of fourth-degree felony domestic violence.

{¶2} Herron presents two assignments of error. He asserts the trial court abused its discretion in permitting the state to inquire of the witnesses about a previous conviction for the same offense that occurred more than ten years earlier. He further asserts the trial court acted contrary to law in failing to grant him credit for time served.

{¶3} Because the record reflects no abuse of discretion occurred, and because the supplemental record reflects the trial court issued an additional journal entry that credited Herron with time served, his first assignment of error is overruled, and his second assignment of error is rendered moot. Herron's conviction and sentence are affirmed.

{¶4} Herron's conviction results from an incident that took place on February 3, 2012. The victim provided the following testimony at Herron's trial.

{¶5} The victim had lived with Herron for approximately ten years; he was the father of her two youngest children. In the summer of 2011, the victim ended her romantic relationship with Herron. Following the victim's marriage to another man in November 2011, Herron sought to obtain custody of his children.

{¶6} Because the older child had behavioral problems, the victim had applied to obtain Social Security Disability benefits for him. Although her initial application had been denied, she filed an appeal and asked her adult daughter to accompany her to the hearing that had been scheduled for that day at the Social Security benefits office.

{¶7} The victim and her daughter seated themselves in the waiting area after they arrived. A few minutes later, Herron also arrived. He seemed angry and commented to the victim that her failing to inform him of the hearing "was sneaky, bitch." Herron also demanded to know why she had not provided him with that information. His demeanor attracted the attention of others in the waiting area.

{¶8} When the victim's attorney indicated she should enter the hearing room, Herron followed them inside. The victim's daughter remained outside. The attorney asked the two to be seated, briefly described the process of the appeal hearing, told the victim and Herron that she would find out whether the hearing officer was ready to proceed, then left the hearing room.

{ΒΆ9} Left alone with the victim, Herron continued to berate her. Her responses dissatisfied him to the point that he "slapped" her hard enough to leave a red mark on her ...


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