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State v. Cousins

Court of Appeals of Ohio, Fifth District, Licking

July 16, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JONATHON COUSINS Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 17 CR 743

          For Plaintiff-Appellee PAULA M. SAWYERS

          For Defendant-Appellant KATHERINE L. WOLFE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendant-Appellant, Jonathon Cousins, appeals his August 29, 2018 convictions in the Court of Common Pleas of Licking County, Ohio. Plaintiff-Appellee is state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On August 31, 2017, the Licking County Grand Jury indicted appellant on one count of felonious assault in violation of R.C. 2903.11, two counts of domestic violence in violation of R.C. 2919.25, and one count of improperly handling a firearm in a motor vehicle in violation of R.C. 2923.16. Said charges arose from an incident involving appellant and his wife's grandfather, Donald Rostofer.

         {¶ 3} A jury trial commenced on August 28, 2018. The jury found appellant guilty of the felonious assault count and the handling count, and not guilty of the domestic violence counts. The trial court filed a judgment entry of conviction on August 29, 2018. By judgment entry filed October 5, 2018, the trial court sentenced appellant to an aggregate term of two years in prison.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

         I

         {¶ 5} "THE JURY'S VERDICTS WERE AGAINST THE MANIFEST WEIGHT OF EVIDENCE."

         II

         {¶ 6} "THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT TO ...


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