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State v. Seibert

Court of Appeals of Ohio, Ninth District, Wayne

December 18, 2017

STATE OF OHIO Appellee
v.
DREW SEIBERT Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO CASE No. 2016 CR-B 000620

          JENNIFER A. ROBERTS, Attorney at Law, for Appellant.

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

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, Presiding Judge.

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

         I.

         {¶2} On April 12, 2016, the victim in this matter, Seibert's neighbor, secured an ex parte civil stalking protection order against him. The order required Seibert to stay at least 500 feet away from the victim, but, ten days after its issuance, the victim and her father saw Seibert enter his apartment. Because his apartment was located directly beneath her own, the victim then called the police to report that Seibert had violated the outstanding protection order.

         {¶3} As a result of the foregoing incident, Seibert was charged with violating a protection order. A bench trial took place, following which the court found him guilty. The court sentenced him to 180 days in jail and a fine.

          {¶4} Seibert now appeals from his conviction and raises one assignment of error for our review.

         II.

         Assignment of Error

         The trial court's finding of guilt was not supported by sufficient evidence and was against the manifest weight of the evidence.

         {¶5} In his sole assignment of error, Seibert argues that his conviction is based on insufficient evidence and is against the manifest weight of the evidence. We address each argument in turn.

         S ...


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