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State v. McDaniel

Court of Appeals of Ohio, Fourth District

September 11, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
NATHAN MCDANIEL, Defendant-Appellant.

CRIMINAL APPEAL FROM COMMON PLEAS COURT.

COUNSEL FOR APPELLANT: Timothy Young, Ohio Public Defender, and Dennis Pusateri, Ohio Assistant Public Defender.

COUNSEL FOR APPELLEE: Colleen S. Williams, Meigs County Prosecuting Attorney, and Amanda Franzmann, Meigs County Assistant Prosecuting Attorney.

DECISION AND JUDGMENT ENTRY

Peter B. Abele, Judge.

(¶ 1} This is an appeal from a Meigs County Common Pleas Court judgment of conviction and sentence. A jury found Nathan McDaniel, defendant below and appellant herein, guilty of (1) felonious assault in violation of R.C. 2903.11(A)(2), and (2) kidnapping in violation of R.C. 2905.01(A)(4). Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED BY ORDERING RESTITUTION WITHOUT CREDIBLE EVIDENCE FROM WHICH IT COULD DISCERN THE AMOUNT OF THE RESTITUTION TO A REASONABLE DEGREE OF CERTAINTY."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED BY ORDERING RESTITUTION KNOWING THAT THE DEFENDANT DID NOT HAVE THE ABILITY TO PAY IT" THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED BY ORDERING RESTITUTION FOR ITEMS NOT PERMITTED UNDER R.C. 2929.18(A)."

(¶ 2} Willa Dean Dailey and Curtis Dailey were married for sixteen years and have two daughters. The couple later divorced, but when their daughter Courtney gave birth to a child, (S), Curtis moved in with his ex-wife to help raise their granddaughter.

(¶ 3} Appellant was a family friend. He and Courtney met as teenagers and had been friends ever since. Late in the evening of November 2, 2011, appellant arrived at the Dailey house. Neither Curtis nor Willa Dean suspected anything amiss, but when they were not looking, appellant snatched S and took her to his vehicle. When the Daileys noticed their granddaughter missing, Curtis bolted from the house and saw appellant with the child.

(¶ 4} The two men engaged in a tug-of-war over the child that Curtis finally won when S (who was not wearing diapers because of a rash) urinated in appellant's face. Appellant then proceeded to beat Curtis and inflict substantial injuries. Appellant eventually left the scene.

(ΒΆ 5} When the Sheriff s Department arrived at the Dailey home, Willa Dean called appellant on the phone. Both she and a sheriffs office dispatcher heard appellant threaten the family if ...


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