FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2015-12-3744
L. WHITAKER and WILLIAM T. WHITAKER, Attorneys at Law, for
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL, Judge.
David A. Duffield appeals a judgment of the Summit County
Court of Common Pleas that convicted and sentenced him for
felonious assault, grand theft, and obstructing official
business. For the following reasons, this Court affirms.
According to Detective Ronald Kennedy, he and his partner
responded to a request for backup from officers who were in a
foot chase with Mr. Duffield. Detective Kennedy and his
partner drove to the area and parked their cruiser, but later
moved it to a dead end street after an officer spotted Mr.
Duffield on that street. After more searching, Detective
Kennedy was returning to his cruiser from the yard of a
residence that was down the street from the back of the
cruiser when he saw Mr. Duffield near the front of the
cruiser. He pointed his firearm at Mr. Duffield, ordered him
to get on the ground, and began moving toward him. Mr.
Duffield, instead, ran to the passenger side door and
attempted to enter the cruiser. Finding the door locked, he
ran around to the driver side door. By then Detective Kennedy
had reached the sidewalk, so when Mr. Duffield ran to the
driver side the detective decided to cut across the road
behind the rear of the cruiser.
When Mr. Duffield reached the driver side door, he opened it
and got in the cruiser. According to Detective Kennedy,
before getting in, Mr. Duffield looked at him and made eye
contact. The detective said that, at the time, he was ten
feet behind the cruiser, still cutting across the road behind
the rear of it. Detective Kennedy testified that the next
thing he knew, the cruiser's lights came on and it began
backing up toward him, so he shot at Mr. Duffield, trying to
get him to stop. The detective was able to move out of the
way of the cruiser, but he continued shooting at Mr. Duffield
as it moved alongside him because he did not want to end up
directly in front of it. One of the bullets hit Mr. Duffield
in the back, causing the cruiser to go over the opposite curb
and come to rest on top of a fire hydrant.
The Grand Jury indicted Mr. Duffield for felonious assault,
grand theft, and obstruction of official business. A jury
found him guilty of the offenses. The trial court merged them
for sentencing purposes and sentenced Mr. Duffield to four
years imprisonment. Mr. Duffield has appealed, assigning
three errors. We will consider the first two together because
Mr. Duffield has argued them that way in his appellate brief.
OF ERROR I
EVIDENCE PRESENTED WAS INSUFFICIENT TO SUPPORT A CONVICTION
FOR FELONIOUS ASSAULT.
OF ERROR II
DUFFIELD'S CONVICTION FOR FELONIOUS ASSAULT WAS AGAINST