from Logan County Common Pleas Court Trial Court No. CR 18 05
Addison M. Spriggs for Appellant
Robinson-Bond for Appellee
Defendant-appellant, Frank Barnes ("Barnes"),
brings this appeal from the December 6, 2018, judgment of the
Logan County Common Pleas Court sentencing him to an
aggregate ninety (90) months in prison after Barnes was
convicted in a jury trial of Domestic Violence in violation
of R.C. 2919.25(A), a felony of the fourth degree, Abduction
in violation of R.C. 2905.02(A)(2), a felony of the third
degree, Disrupting Public Services in violation of R.C.
2909.04(A)(1), a felony of the fourth degree, Intimidation
of an Attorney, Victim, or Witness in a Criminal Case in
violation of R.C. 2921.04(B)(1), a felony of the fourth
degree, and Menacing by Stalking in violation of R.C.
2903.211(A)(1), a felony of the fourth degree. On appeal,
Barnes argues that he received ineffective assistance of
counsel, that the cumulative errors caused by his ineffective
counsel deprived him of a fair trial, and that there was
insufficient evidence presented to convict him of Domestic
Facts and Procedural History
A seven count indictment was filed against Barnes on May 8,
2018, alleging that Barnes had committed (Count 1) Domestic
Violence in violation of R.C. 2919.25(A), a felony of the
fourth degree due to Barnes having a prior conviction for
domestic violence or a crime substantially similar, (Count 2)
Abduction in violation of R.C. 2905.02(A)(2), a felony of the
third degree, (Count 3) Felonious Assault in violation of
R.C. 2903.11(A)(1), a felony of the second degree, (Count 4)
Disrupting Public Services in violation of R.C.
2909.04(A)(1), a felony of the fourth degree, (Count 5)
Disrupting Public Services in violation of R.C.
2909.04(A)(3), a felony of the fourth degree, (Count 6)
Intimidation of an Attorney, Victim, or Witness in a Criminal
Case in violation of R.C. 2921.04(B)(1), a felony of the
third degree, and (Count 7) Menacing by Stalking in violation
of R.C. 2903.211(A)(1), a felony of the fourth degree.
Five of the seven charges (Counts 1-5) stemmed from an
incident that occurred on April 7, 2018. At that time, it was
alleged that Barnes lived with his girlfriend in this matter,
Ashley D. ("Ashley"). Ashley's two children
also lived in the residence. Due to issues Ashley had with
Barnes's drinking in the past, when she returned home
shortly before midnight on April 6, 2018, and noticed Barnes
had been drinking liquor, she poured the last quarter of the
bottle that he had been drinking down the sink drain. Barnes
then strangled Ashley in the kitchen to the point that she
Ashley recalled regaining consciousness on the floor of the
kitchen shortly thereafter. She then went into her bedroom to
get her phone to call the police, but Barnes followed her and
took her phone from her so that she could not call for
emergency assistance. Barnes also prevented her from leaving
the bedroom by following her around and blocking the door.
Ashley eventually exited the bedroom and Barnes attempted to
prevent her from leaving the house by following her and
blocking the front door, but Ashley ran out the back door and
went to a neighbor's house. There she had the neighbor
call 911. Police and paramedics responded to the scene. An
officer noted red marks on Ashley's neck consistent with
her story. Barnes fled the area before police arrived.
The Intimidation charge (Count 6) stemmed from a phone call
Barnes made to Ashley on April 23, 2018, when he had still
not been located by law enforcement. During the call Barnes
threatened to harm or have someone else harm her if she
proceeded with the case.
The Menacing by Stalking charge (Count 7) stemmed from a
series of incidents of Barnes inflicting violence against
Ashley or threatening violence against her over a period of
time. The series of incidents included one prior conviction
of Barnes against Ashley.
Barnes pled not guilty to all of the charges against him.
On October 23-24, 2018, Barnes proceeded to a jury trial. The
State presented the testimony of five witnesses including the
victim, Ashley. The defense presented the testimony of five
witnesses and then rested its case. The jury returned guilty
verdicts on six of the seven counts against Barnes,
acquitting him of (Count 3) Felonious Assault.
On December 3, 2018, the matter proceeded to sentencing.
Barnes was ordered to serve eighteen months in prison on
Count 1, Domestic Violence, thirty-six months in prison on
Count 2, Abduction, consecutive to each other The trial court
found that Counts 4 and 5 of Disrupting Public Services
merged for sentencing and the State chose to proceed to
sentence on Count 4 Barnes was ordered to serve 12 months in
prison on Count 4, concurrent with Count 2 As to Count 6 and
the Intimidation charge, Barnes was ordered to serve
thirty-six months in prison, consecutive to the prison terms
in Counts 1 and 2 Finally, Barnes was ordered to serve twelve
months in prison on Count 7, Menacing by Stalking,
concurrently with the other counts. Barnes thus received an
aggregate ninety month prison term for the crimes in this
case; however, they were ordered to be served consecutive to
a separate prison term Barnes had received in another matter
from Logan County.
A judgment entry memorializing Barnes's sentence was
filed December 6, 2018. It is from this judgment that Barnes
appeals, asserting the following assignments of error for our
of Error No. 1
Barnes was deprived of his right to the effective assistance
of trial counsel when trial counsel was late to trial twice,
failed to timely call witnesses, placed a witness on the
stand who was unable to testify, and failed to object
throughout the trial.
of Error No. 2
Barnes's right to a fair trial and due process of law
were violated by the cumulative errors that occurred during
of Error No. 3
Barnes's conviction for domestic violence under R.C.
2919.25 is not supported by sufficient evidence[.]
Due to the nature of the discussion we elect to address the
assignments of error out of the order in which they were
Assignment of Error
In Barnes's third assignment of error he argues that
there was insufficient evidence presented to support his
conviction for Domestic Violence.Specifically, he argues that