FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2017-11-3961
JEFFREY N. JAMES, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
TEODOSIO, PRESIDING JUDGE.
Appellant, Martigus C. Taylor, appeals from his convictions
in the Summit County Court of Common Pleas. This Court
Mr. Taylor and the victim ("CD.") were in an
on-and-off relationship over the span of several years. The
relationship had ended in June of 2017, yet Mr. Taylor
visited CD. at her home in Akron on the night of October 26,
2017, despite the existence of a civil protection order
("CPO") against him. CD. allowed Mr. Taylor into
her home, but the two soon began arguing over Mr.
Taylor's allegations of CD's sexual involvement with
a minor. At some point, the two engaged in sexual
intercourse. A physical altercation later occurred, in which
CD. sustained various injuries, and the police were called to
Following a jury trial, Mr. Taylor was found guilty of
domestic violence, a felony of the third degree, and
violating a protection order, a misdemeanor of the first
degree. The trial court ordered a pre-sentence investigation
report with victim impact statement. The court later
sentenced Mr. Taylor to two years in prison for domestic
violence and 180 days in jail for violating a protection
order, to be served concurrently with each other.
Mr. Taylor appeals from his convictions and raises two
assignments of error for our review. For ease of analysis, we
will reorganize his assignments of error.
OF ERROR TWO
APPELLANT'S CONVICTION OF DOMESTIC VIOLENCE WAS AGAINST
THE MANIFEST WEIGHT OF THE EVIDENCE.
In his second assignment of error, Mr. Taylor argues that his
domestic violence conviction was against the manifest weight
of the evidence. We disagree.