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State v. Martinez

Court of Appeals of Ohio, Ninth District

July 22, 2013

STATE OF OHIO Appellee
v.
JUAN P. MARTINEZ Appellant

APPEAL FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO CASE No. CRB-12-04-00553

APPEARANCES: BRIAN L. SUMMERS, Attorney at Law, for Appellant.

DANIEL R. LUTZ, Prosecuting Attorney, and NATHAN R. SHAKER, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

BETH WHITMORE, Judge.

{¶1} Defendant-Appellant, Juan Martinez, appeals from his convictions in the Wayne County Municipal Court. This Court affirms.

I

{¶2} Martinez and Shaliece Boreman had been in an on-again/off-again tumultuous romantic relationship for the past six or seven years, and had lived together for portions of the past three years. In December 2011, Boreman moved out of their apartment and the two ended their romantic relationship, but the two continued to see each other on occasion.

{¶3} At some point in late April, Boreman contacted Martinez to collect some of her belongings that were still in his possession. Martinez told her that he would leave her things outside the apartment. At about 1:30 a.m. on April 22, 2012, Boreman was in the neighborhood and decided to stop by to collect her things. When she did not see them outside, she knocked on his apartment door. According to Boreman, Martinez opened the door, grabbed her by her hair, and dragged her inside. He then threw her onto the couch and started to punch her repeatedly in the face. Boreman was able to kick him off of her, and Martinez walked away. She then fled.

{¶4} Boreman ran to a friend's apartment that was close by and refused to contact the police or go to the hospital. In the morning, Boreman went to her father's house where he convinced her to go to the hospital. At the hospital, Boreman informed the staff that her ex-boyfriend had assaulted her and the staff contacted the police. Boreman gave the police an oral account of the attack, and later provided a written statement.

{¶5} The police made contact with Martinez at his apartment the following day. Martinez told the police that Boreman had arrived at 4 a.m. and had forced her way into the apartment. He admitted to the officers that he had struck her a couple of times in the face, with an open hand, while trying to prevent her from entering.

{¶6} Martinez was charged with one count of assault, in violation of R.C. 2903.13(A), and one count of domestic violence, in violation of R.C. 2919.25(A), both misdemeanors of the first degree. After a bench trial, the trial court found Martinez guilty of both counts and merged them for sentencing. The court sentenced Martinez to 90 days in jail, 12 months of probation, and fined him $500 plus costs. Martinez now appeals and raises one assignment of error for our review.

II

Assignment of Error

DEFENDANT-APPELLANT'S CONVICTION FOR DOMESTIC VIOLENCE WAS AGAINST THE MANIFEST ...

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