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State v. Stark

Court of Appeals of Ohio, Ninth District, Wayne

March 13, 2017

STATE OF OHIO Appellee
v.
DAVID L. STARK Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO CASE No. 2014 CR-B 000193

          BRADLEY R. HARP, Attorney at Law, for Appellant.

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

          DECISION AND JOURNAL ENTRY

          CARR, PRESIDING JUDGE.

         {¶1} Defendant-Appellant, David Stark, appeals from his conviction in the Wayne County Municipal Court. This Court affirms.

         I.

         {¶2} On an evening in February 2014, the victim in this matter, the mother of Stark's young daughter, brought her daughter to Stark's apartment to celebrate his birthday. The victim only stayed for a short while, and Stark became upset when she attempted to leave with his daughter. According to Stark, the two shouted while he held his daughter and tried to persuade the victim to stay, but he eventually relented and allowed her to leave. According to the victim, Stark stopped her from leaving, choked her around the neck, and threatened to kill her. Following the incident, the victim drove directly to the police station and reported that Stark had attacked her.

         {¶3} As a result of the foregoing incident, Stark was charged with one count of domestic violence. Stark elected to try the matter to a jury, and, following a trial, the jury found him guilty. The court sentenced him to jail time and two years of community control.

         {¶4} Stark now appeals from his conviction and raises three assignments of error for our review.

         II.

         ASSIGNMENT OF ERROR I

         MR. STARK'S CONVICTION IS NOT SUPPORTED BY SUFFICIENT EVIDENCE TO SHOW THAT HE KNOWINGLY CAUSED OR ATTEMPTED TO CAUSE PHYSICAL HARM TO [THE VICTIM]

         {¶5} In his first assignment of error, Stark argues that his domestic violence conviction is based on insufficient evidence. Specifically, he argues that there was no evidence he knowingly caused or attempted to cause the victim physical harm. We disagree.

         {¶6} A review of the sufficiency of the State's evidence and the manifest weight of the evidence adduced at trial are separate and legally distinct determinations. State v. Gulley, 9th Dist. Summit No. 19600, 2000 WL 277908, *1 (Mar. 15, 2000). When reviewing the sufficiency of the evidence, this Court must review the evidence in a light most favorable to the prosecution to determine whether the ...


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