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State v. Nichols

Court of Appeals of Ohio, Fifth District

September 9, 2013

STATE OF OHIO Plaintiff-Appellee
v.
WILLIAM NICHOLS Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 12 CR 308H

JAMES J. MAYER, JR. PROSECUTING ATTORNEY JOHN C. NIEFT ASSISTANT PROSECUTOR For Plaintiff-Appellee

KRISTIN BROWN CALHOUN, KADEMENOS & CHILDRESS For Defendant-Appellant

Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Wise, J.

{¶1} Appellant William Nichols appeals his conviction and sentence for domestic violence in the Court of Common Pleas, Richland County. The relevant facts leading to this appeal are as follows.

{¶2} Appellant's mother, Lisa Lutz, owns a house on Third Avenue in Mansfield, Ohio. Lisa's other son, Ronnie, has previously used that house as his residence. On April 29, 2012, appellant insisted that Lisa give him a ride in her vehicle to the Third Avenue location, so that appellant could look for a portable heater another relative wanted to use. At that time, Ronnie apparently was not living in the house, although some of his personal possessions were there.

{¶3} Lisa proceeded to give appellant a ride as requested. Appellant's teenage son, N.N., accompanied them. Appellant went in the house via a basement door and kicked in an interior door to the upstairs. After everyone had entered, appellant became increasingly frustrated because of the missing heater, while Lisa was upset about the state of Ronnie's belongings. After everyone had finally exited, an altercation ensued near the house between appellant and Lisa. A neighbor called 911, and, as further discussed infra, Lisa reported that appellant had struck her in the head, knocked her to the ground, and repeatedly punched her.

{¶4} Appellant was subsequently indicted for one count of domestic violence, charged as a felony of the third degree based on appellant's two prior convictions of related offenses as listed in the statute. See R.C. 2919.25(D)(4). The case proceeded to a jury trial on September 17 and 18, 2012. Appellant was found guilty of domestic violence as charged in the indictment.

{¶5} On September 19, 2012, the trial court sentenced appellant to two years in prison and three years of post-release control.

{¶6} Appellant filed a notice of appeal on October 8, 2012. He herein raises the following three Assignments of Error:

{¶7} "I. THE TRIAL COURT ERRED WHEN IT DENIED APPELLANTS RULE 29 MOTION.

{¶8} "II. APPELLANT'S CONVICTIONS ARE NOT SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE AND ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

{¶9} "III. THE TRIAL COURT ERRED IN SENTENCING APPELLANT BY NOT ADHERING TO OHIO REVISED CODE 2929.11 AND 2929.12, AND THE SENTENCE IS ...


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