from the Franklin County Municipal Court M.C. No.
Zachary M. Klein, City Attorney, Bill R. Hedrick, and Orly
Ahroni, for appellee.
Campbell Law, LLC, and April F. Campbell, for appellant.
1} Defendant-appellant, Walter Caldwell, presently
appeals from a portion of a Franklin County Municipal Court
judgment entry sentencing him to a six-month sentence as the
result of the jury's finding him guilty of assaulting
S.S., his former girlfriend. He presents three assignments of
error for our consideration, and after due consideration of
each, we affirm the municipal court's entry in its
FACTS & PROCEDURAL HISTORY
2} Plaintiff-appellee, State of Ohio, complaint
filed on September 16, 2018, charges Caldwell with
"knowingly caus[ing] physical harm to another, to wit:
S.S. by punching her with a closed fist in the face at least
three times" in violation of Columbus City Code
2303.13(A). See Compl.
3} Testimony at Caldwell's resultant October 17,
2018 trial revealed as follows. On the noted date, around
3:00 p.m., Caldwell and S.S., one of his girlfriends at the
time, loudly argued outside the north side branch of the
Columbus Public Library at 1423 North High Street. (Oct. 15
& 16, 2018, Tr. Vol. II at 261, 269; Oct. 17 & 18,
2018, Tr. Vol. III at 508-9.) Their disagreement continued as
they entered the facility. (Tr. Vol. II at 269.) Library
employee Daniel Wilkens was at the front desk near the
entrance when Caldwell and S.S. entered. Wilkens asked them
to leave, describing their "shouting,"
profane-laced interaction as a "violent argument."
Caldwell declined to leave, opting instead to unsuccessfully
attempt to hit Wilkens with an object.
4} Caldwell then chased S.S. across the library.
Robert Parrish, the security guard on duty, instructed
Caldwell to leave the premises. Caldwell obliged, although he
told Parrish he would "kick his ass" on his way
5} Caldwell and S.S. exited the building. Caldwell
then threw a box at S.S. but missed. She returned to the
library's entrance. Caldwell attempted to follow her in,
but Parrish exited the library in front of S.S. While
Parrish's back was turned, Caldwell lunged toward S.S.
and pushed her to the ground. She freed herself. At that
point, Parrish walked in front of Caldwell. Words were
exchanged, and then S.S., who was standing behind Parrish,
sprayed Caldwell with a substance. Caldwell retreated, but
then secured the box he had thrown at S.S. earlier and hit
Parrish with the box while Parrish was standing in the
doorway. During a scuffle, Caldwell punched Parrish, who then
returned to the inside of the library. Caldwell proceeded to
enter and exit the library twice before finally leaving the
premises. Library officials then locked the doors. (Tr. Vol.
II at 294.)
6} S.S. began walking towards Newport Music Hall.
Caldwell followed and began hitting her. She escaped, and
headed toward a Subway restaurant. She screamed for someone
to call the police. While that call was being made, Caldwell
found her and punched her in the face. She entered Subway and
locked herself in the restaurant's bathroom. Caldwell
fled, but thanks to descriptions provided by the five
separate individuals who called 911, Columbus Police Officers
Steven Baird and Matthew Brown captured and arrested him. The
foregoing course of events occurred in less than one hour and
within one-half mile of the library's location. (Tr. Vol
III at 407-39.)
7} S.S. did not testify. Caldwell did. Caldwell
stated that S.S. was one of his girlfriends at the time of
the attack. (Tr. Vol III at 508-9.) He admitted to being with
S.S. all day on September 16, 2018. Id. at 503. He
acknowledged following her into the library, yelling at her,
and calling her profane names. Id. at 503, 517. He
acknowledged hitting Parrish. Id. at 506, 526. He
said he threw a box containing a wooden gun at S.S.
Id. at 503. He admitted to pushing her, but denied
hitting her. Id. at 504, 507. He could not remember
if he went to Subway. Id. . at 525.
8} The state charged Caldwell with two counts of
assault as to S.S. and Parrish. See Sept. 16, 2018
Compl. The state additionally levied a domestic violence
charge under Columbus City Code 2919.25 against Caldwell for
his alleged punching of S.S., reasoning that S.S. was his
live-in girlfriend on the date in focus. Id.
9} The jury returned a guilty verdict on both
assault charges involving S.S. and Parrish. (See
Oct. 19, 2018 Guilty Verdicts). The municipal court granted
Caldwell's Crim.R. 29 motion as to the domestic violence
count. The trial judge imposed two consecutive six-month
sentences-one for the assault on Parrish and one for the
assault on S.S.-and this appeal followed as to the latter
ASSIGNMENTS OF ERROR
10} Caldwell presents three claimed errors for our
review. Those include the following:
[1.] Caldwell's conviction for assault on [S.S.] should
be reversed: the trial court changed the identity of this
offense by constructively amending the complaint, which