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.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, Judge.
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.
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 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.
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.
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.
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 ...