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State v. Dozier

Court of Appeals of Ohio, Fifth District, Stark

June 5, 2017

STATE OF OHIO Plaintiff-Appellee
v.
LEROY DOZIER Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2016CR0106

          For Plaintiff-Appellee: JOHN D. FERRERO STARK COUNTY PROSECUTOR, RONALD MARK CALDWELL

          For Defendant-Appellant: EUGENE CAZANTZES

          Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          Delaney, P.J.

         {¶1} Defendant-Appellant Leroy Dozier appeals his conviction and sentence for felonious assault, in violation of R.C. 2903.11, and domestic violence, in violation of R.C. 2919.25, by the Stark County Court of Common Pleas. Plaintiff-Appellee is the State of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On January 17, 2016, Defendant-Appellant Leroy Dozier was indicted by the Stark County Grand Jury on one count of felonious assault, a second-degree felony in violation of R.C. R.C. 2903.11(A)(1); one count of domestic violence, a fourth-degree felony in violation of R.C. 2919.25(A); and aggravated menacing, a first-degree misdemeanor in violation of R.C. 2903.21.

         {¶3} Dozier pleaded not guilty. The trial court held a jury trial on March 29, 2016. The following evidence was adduced at the trial.

         A.P.'s Testimony

         {¶4} The State called A.P. as its first witness, the alleged victim in the case. A.P. testified in 2015, she and Dozier were in a romantic relationship and lived together until the relationship deteriorated. Dozier and A.P. broke up and he moved out of the house. Dozier kept a house key. A.P. believed Dozier lived with a woman in Youngstown after their relationship ended, but she and Dozier continued to communicate.

         {¶5} On January 10, 2016, Dozier and A.P. went out for dinner. A.P. observed Dozier seemed intoxicated before they went to dinner. They both had drinks at dinner. After dinner, they went to several bars and had more to drink. They left the bar at 2:30 a.m. and Dozier purchased a six-pack of beer on their way home.

          {¶6} Back at A.P.'s house, A.P. testified Dozier became erratic and made crazy statements. He got sick and A.P. asked him to let her take him to the hospital. A.P. then observed Dozier snort cocaine. A.P. testified Dozier became more erratic and he accused her of taking his cocaine. He became angry with A.P. and proceeded to choke and punch her, knocking her unconscious.

         {¶7} A.P. stated Dozier went to the attic and she heard him speaking aloud with his deceased Uncle Charles. Dozier came back downstairs, appeared to become more enraged, and kicked, punched, and choked A.P. to unconsciousness. When she regained consciousness, Dozier was naked and his penis was near A.P.'s face.

         {¶8} A.P. convinced Dozier to get dressed and go to the car to look for his cocaine. A.P.'s cell phone was in the car and she needed to get him out of the house so she could get her phone. After Dozier dressed, he tried to attack her again. She pushed him down the steps to try to get past him. A.P. testified she and Dozier were choking each other, trying to fight to get out of the house.

         {¶9} Dozier stopped fighting and they reached the car. Once they reached the car, however, A.P. testified Dozier starting punching her and knocking her unconscious again. When she woke up, she heard a neighbor trying to help her. Dozier ...


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