Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Fips

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 14, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
SHARON D. FIPS DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-611329-A

          ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County Public Defender BY: Frank Cavallo Assistant Public Defender.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor Katherine Mullin Gregory Ochocki Assistant Prosecuting Attorneys The Justice Center.

          BEFORE: E.A. Gallagher, A.J., Stewart, J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE.

         {¶1} Defendant-appellant Sharon Fips appeals her conviction for assault in the Cuyahoga County Court of Common Pleas. For the following reasons, we modify and remand.

         I. Facts and Procedural History

         {¶2} In 2016, Fips was charged with one count of assault with the furthermore clause that the victim was a peace officer. The case proceeded to a bench trial where the following facts were adduced.

         {¶3} Fips and her son drove to an Ohio State Highway Patrol station in Brook Park, Ohio in the early morning hours of October 10, 2016. Trooper Patrick Reagan questioned Fips in the station's lobby about driving to the station after he detected an odor of alcohol emanating from her breath. An altercation ensued in the lobby with Fips' son when Reagan attempted to place Fips under arrest. Reagan pushed Fips against a wall and asked for the assistance of a fellow officer, Sergeant Christopher Brock, in handcuffing Fips.

         {¶4} Reagan and Brock testified that Fips was resisting their efforts to restrain her. Reagan testified that he was standing partially to the side of, but behind, Fips with her shoulder in his chest when, "she lifted up her right knee and she reached back and hit me in the crotch with her right knee." Brock testified that he did not see Fips' knee come up but did see Reagan react to contact and heard Reagan say that Fips had "kneed" him. Reagan did not seek medical attention and was not restricted in his activities as a result of the incident. Fips admitted that she had been drinking alcohol and that she was speaking belligerently during her arrest but denied striking Reagan.

         {¶5} The trial court found Fips guilty of assault on a peace officer and sentenced her to one year of community control sanctions.

         II. Law and Analysis

         {¶6} In her sole assignment of error, Fips argues that her conviction for assault was against the manifest weight of the evidence.

         {¶7} A manifest weight challenge attacks the credibility of the evidence presented and questions whether the state met its burden of persuasion at trial. State v. Whitsett, 8th Dist. Cuyahoga No. 101182, 2014-Ohio-4933, ¶ 26, citing State v. Thompkins,78 Ohio St.3d 380, 387, 1997-Ohio-52, 678 N.E.2d 541; State v. Bowden, 8th Dist. Cuyahoga No. 92266, 2009-Ohio-3598, ΒΆ 13. Because it is a broader review, a reviewing court may determine that a judgment of a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.