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State v. Brauer

Court of Appeals of Ohio, Twelfth District

July 29, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
DAVID P. BRAUER II, Defendant-Appellant.

CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 12CR28553.

David P. Fornshell, Warren County Prosecuting Attorney, Michael Greer, for plaintiff-appellee.

The Helbling Law Firm, LLC, John J. Helbling, for defendant-appellant.

OPINION

M. POWELL, J.

{¶ 1} Defendant-appellant, David P. Brauer II, appeals his conviction in the Warren County Court of Common Pleas for domestic violence.

{¶ 2} In early August 2012, appellant and his then girlfriend, Cynthia Reis, were living at the Econo Lodge in Mason and had been living there for a month. The room was rented under Reis' name and paid by appellant. On August 7, 2012, during a verbal altercation regarding appellant's whereabouts, drug abuse, and detoxification, an angry Reis threw soda (in its liquid form, not the plastic cup it was in) in appellant's face. Appellant spat in Reis' face; Reis picked up the receiver of the motel phone to call 9-1-1. Appellant grabbed the receiver from Reis who then slammed the telephone down. Thereafter, appellant, holding the phone with both hands, swung it at Reis and hit her in the head. Reis was injured as a result of the blow. Reis grabbed her cellphone from the nightstand and ran into the bathroom where she called 9-1-1. Appellant left the room. He was later arrested.

{¶ 3} In September 2012, appellant was indicted on one count of domestic violence. During a jury trial, Reis and two police officers dispatched to the motel testified on behalf of the state. At the close of the state's case, appellant moved for acquittal pursuant to Crim.R. 29. The trial court overruled the motion. Appellant did not testify or present witnesses on his behalf. On November 1, 2012, the jury found appellant guilty as charged.

{¶ 4} Appellant appeals, raising three assignments of error. For ease of discussion, the three assignments of error will be considered together.

{¶ 5} Assignment of Error No. 1:

{¶ 6} THE JURY ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANT BY FINDING HIM GUILTY OF DOMESTIC VIOLENCE WITHOUT SUFFICIENT EVIDENCE.

{¶ 7} Assignment of Error No. 2:

{¶ 8} THE JURY ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANT BY FINDING HIM GUILTY OF DOMESTIC VIOLENCE AGAINST THE WEIGHT OF THE EVIDENCE.

{¶ 9} Assignment of Error No. 3:

{¶ 10} THE TRIAL JUDGE ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANT BY DENYING HIS MOTIONS FOR ACQUITTAL UNDER RULE 29, OHIO ...


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