Court of Appeals of Ohio, Seventh District, Belmont
Appeal from the Court of Common Pleas of Belmont County, Ohio
Case No. 15 CR 174
Plaintiff-Appellee: Atty. Daniel P. Fry Belmont County
Prosecutor Atty. Kevin Flanagan Chief Assistant Prosecuting
Defendant-Appellant: Atty. John M. Jurco.
JUDGES: Hon. Cheryl L. Waite, Hon. Mary DeGenaro, Hon. Carol
Appellant James Robert Shaw appeals the conviction in Belmont
County Common Pleas Court for his third offense of domestic
violence, in violation of R.C. 2919.25(A). Appellant raises
five issues on appeal dealing with his conviction and
sentence. Following a review of this record, Appellant's
assignments of error are without merit and are overruled. The
trial court's decision is affirmed.
and Procedural Background
On August 5, 2015, the Belmont County Grand Jury indicted
Appellant on his third offense of domestic violence, in
violation of R.C. 2919.25(A), a felony of the third degree,
for events transpiring on July 1, 2015. The indictment stated
did knowingly cause or attempt to cause physical harm to a
family or household member, to-wit: [victim]. All in
violation of Ohio Revised Code Section 2919.25(A).
[APPELLANT] WAS PREVIOUSLY CONVICTED OF TWO (2) PRIOR
DOMESTIC VIOLENCE OFFENSES AS FOLLOWS: 1) ON SEPTEMBER 30,
2003, IN CASE NO. 03M1439, IN THE OHIO COUNTY MAGISTRATE
COURT - WHEELING, WEST VIRGINIA; AND 2) ON JULY 29,
2005, IN CASE NO. 05M11, IN THE MARSHALL COUNTY CIRCUIT COURT
- MOUNDSVILLE, WEST VIRGINIA.
On August 13, 2015, an arraignment was held where Appellant
pleaded not guilty and defense counsel was appointed.
Pretrial conference was held on August 24, 2015 and two days
later the trial court issued a judgment entry denying
Appellant's oral request for a recognizance bond.
Appellant's earlier request for recognizance bond, sent
to the court by letter, was also denied.
A hearing was held on September 8, 2015, where the parties
informed the court that no plea agreement had been reached.
At this hearing, the state provided information about newly
discovered evidence. Appellant had made telephone calls to
the victim while he was incarcerated, despite the existence
of a restraining order. Defense counsel objected to the use
of the evidence. On September 11, 2015, the state filed
A jury trial was held on September 15, 2015. Appellant was
found guilty of third offense domestic violence, in violation
of R.C. 2919.25(A). On October 5, 2015, Appellant was
sentenced to thirty months in prison, with ninety-seven days
credit for time served.
Appellant filed this timely appeal.
OF ERROR NO. 1
trial court erred in not declaring a mistrial.
OF ERROR NO. 2
trial court erred in introducing other acts evidence of
allegedly broken ribs.
OF ERROR NO. 3
trial court erred in introducing the Wheeling, Ohio County,
West Virginia conviction to prove up ...