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State v. Poole

Court of Appeals of Ohio, Fifth District, Stark

May 14, 2018

STATE OF OHIO Plaintiff-Appellee
v.
RICHARD A. POOLE Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 2016 CR 02108

          For Plaintiff-Appellee JOHN D. FERRERO PROSECUTING ATTORNEY RONALD MARK CALDWELL ASSISTANT PROSECUTOR

          For Defendant-Appellant MATTHEW A. PETIT

          JUDGES: Hon. John W. Wise, P. J., Hon. W. Scott Gwin, J., Hon. Craig R. Baldwin, J.

          Wise, P. J.

         {¶1} Defendant-Appellant Richard A. Poole appeals his conviction for felony domestic violence in the Court of Common Pleas, Stark County. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

         {¶2} On November 4, 2016, officers from the Canton City Police Department were dispatched to a reported disturbance at a residence in the 1200 block of 10th Street N.W. The two responding officers, upon arrival, observed visible injuries on the person of Jennifer Z., appellant's former girlfriend and the mother of four of his children. Jennifer told the officers that appellant had physically assaulted her, as further discussed infra.

         {¶3} Annie Poole, appellant's mother, lived at the aforesaid residence. She told the officers that she had to physically intervene during the struggle between Jennifer and appellant.

         {¶4} Appellant had an odor of alcoholic beverage about his person, but when he came upon the officers, he was generally cooperative with them and did not try to flee. Tr. at 156-157. However, appellant made no admissions to hitting or harming Jennifer.

         {¶5} On December 12, 2016, Appellant Poole was indicted on one count of domestic violence (R.C. 2919.25(A)/(D)(4)), a felony of the third degree (based on an allegation of appellant having two or more prior domestic violence convictions). He subsequently entered a plea of not guilty.

         {¶6} Appellant filed for discovery and a bill of particulars on December 23, 2016. Counsel for appellant filed a request for a competency evaluation on January 9, 2017.

         {¶7} At a hearing on March 27, 2017, appellant and the State stipulated to a competency report that had been finalized on February 23, 2017. The trial court adopted same, and appellant was thus found competent to stand trial.

         {¶8} The matter proceeded to a jury trial on April 18, 2017. Although Jennifer, the victim, and Annie, appellant's mother, both testified to versions of events varying from what they had initially told the police, the jury found appellant guilty of domestic violence as charged after hearing the evidence.

         {¶9} On April 25, 2017, appellant was sentenced inter ...


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