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State v. Honorable

Court of Appeals of Ohio, Ninth District, Summit

June 7, 2017

STATE OF OHIO Appellee
v.
CARL HONORABLE Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2015 10 3379

          REBECCA M. BLACK, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, Judge.

         {¶1} The Appellant, Carl C. Honorable, appeals his conviction by the Summit County Court of Common Pleas for the offense of disrupting public services. We affirm.

         I.

         {¶2} Mr. Honorable was arrested and charged with aggravated burglary and disrupting public services stemming from events that occurred on October 28, 2015. A jury found Mr. Honorable not guilty as to aggravated burglary and guilty of the offense of disrupting public services, and the trial court sentenced him to a term of twelve months. Mr. Honorable now appeals, raising two assignments of error.

         The Facts

         {¶3} The victim testified that she had known Mr. Honorable since childhood, and that they had grown up together. In 2015, she saw him for the first time in many years at the staffing agency where they were both employed. The victim further testified that Mr. Honorable had been staying with her for three to four weeks prior to the incident at issue, and that she had invited him to stay with her because her apartment was close to their place of work.

         {¶4} The victim recounted the following events in her testimony. On October 27, 2017, Mr. Honorable repeatedly called the victim during the day, while she was at a work site, wanting to argue. When she returned to the staffing agency after midnight, Mr. Honorable was waiting for her across the street. He walked towards her and resumed arguing with her. The victim hit Mr. Honorable with her book bag, and he responded by slapping her in the face. She walked home and Mr. Honorable followed. When she arrived at her apartment, she went inside and locked the door. Mr. Honorable came to the door, yelling at her to let him inside, which she refused to do. He proceeded to kick open the door, and at some point thereafter, grabbed the victim by her neck. She told him she would call the police, and Mr. Honorable reacted by taking her cell phone from her hands and throwing it on the floor, whereupon it broke apart and the battery became dislodged. She ran to her neighbor's apartment and called the police from there. When the police arrived, they were met by the victim, who told them Mr. Honorable was inside her apartment. The police proceeded to enter the apartment and arrested Mr. Honorable.

         II.

         ASSIGNMENT OF ERROR ONE

THE TRIAL COURT ERRED IN VIOLATION OF MR. CARL C. HONORABLE'S DUE PROCESS RIGHTS UNDER ARTICLE I, SECTION 10[, ] OF THE OHIO CONSTITUTION WHEN IT OVERRULED HIS CRIM.R. 29 MOTION FOR ACQUITTAL.

         {¶5} In his first assignment of error, Mr. Honorable argues the State failed to present sufficient evidence of: 1.) identity; 2.) damage to the phone or tampering with the phone; and ...


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