from Putnam County Common Pleas Court Trial Court No. 2018 CR
Elizabeth H. Smith for Appellant
Katherine G. Porter for Appellee
Defendant-appellant Eric D. Lambert ("Lambert")
appeals the judgment of the Putnam County Court of Common
Pleas, alleging that the trial court erred by failing to
grant his Crim.R. 29 motion in full. For the reasons set
forth below, the judgment of the trial court is affirmed.
and Procedural History
On January 18, 2018, Lambert was indicted on one count of
domestic violence as a felony of the fourth degree
("felony domestic violence") in violation of R.C.
2919.25(A), (D)(3). Doc. 1. Generally, a violation of R.C.
2919.25(A) is a misdemeanor of the first degree
("misdemeanor domestic violence"). R.C.
2919.25(D)(2). However, "if the offender previously has
* * * been convicted of domestic violence * * * a violation
of division (A) or (B) of [R.C. 2919.25] is a felony of the
fourth degree * * *." R.C. 2919.25(D)(3). Under R.C.
At trial, on July 10, 2018, the State introduced a certified
copy of a domestic violence conviction for an "Eric
Lambert." Tr. 157-158. After the State rested, the
Defense made a Crim.R. 29 motion. Tr. 163-164. The Defense
argued that the trial court should dismiss the charges
against Lambert because the State failed to offer evidence
that the "Eric Lambert" listed on the certified
copy of the domestic violence conviction was, in fact, the
same person as the defendant in this case. Tr. 163-165. The
trial court then denied this motion. Tr. 165.
On July 11, 2018, the jury found Lambert to be guilty of one
count of domestic violence in violation of R.C. 2919.25(A),
(D)(3). Doc. 55. The Defense then then renewed his Crim.R. 29
motion after the verdict. Tr. 200. The trial court denied
this motion. Tr. 200. On July 12, 2018, Lambert filed another
Crim.R. 29 motion with the trial court. Doc. 59. In this
motion, Lambert argued that his conviction was not supported
by sufficient evidence because the State did not comply with
R.C. 2945.75(B)(1) by failing to introduce "evidence
sufficient to identify the defendant named in the entry as
the offender in the case at bar." R.C. 2945.75(B)(1).
On July 25, 2018, the trial court found Lambert's
argument to have merit and partially granted Lambert's
Crim.R. 29 motion. Doc. 61. The trial court then determined
that the evidence provided at trial by the State established
all of the elements of "the first-degree misdemeanor
version of the offense of domestic violence." Doc. 61.
Thus, the trial court found that Lambert's conviction
would "stand as to the lesser included [offense of]
Domestic Violence," which was "a misdemeanor of the
first degree." Doc. 61. Lambert was convicted of
domestic violence as a first degree misdemeanor and sentenced
on July 25, 2018. Doc. 64.
Appellant filed his notice of appeal on August 31, 2018. Doc.
68. On appeal, appellant raises ...