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State v. Smith

Court of Appeals of Ohio, Second District, Montgomery

September 6, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DAMON SMITH Defendant-Appellant

          Criminal Appeal from Municipal Court, Trial Court Case No. 2017-CRB-5185

          MATTHEW KORTJOHN, Atty. Reg. No. 0083743, Assistant City of Dayton Prosecuting Attorney, Attorney for Plaintiff-Appellee

          CHARLES M. BLUE, Atty. Reg. No. 0074329, Attorney for Defendant-Appellant

          OPINION

          TUCKER, J.

         {¶ 1} Defendant-appellant Damon Smith appeals his conviction and sentence for violation of a protection order. For the reasons that follow, we dismiss this appeal as moot.

         I. Facts and Procedural History

         {¶ 2} In mid-2017, Daniel Wolff, a letter carrier for the United States Postal Service, sought a civil stalking protection order against Smith whose residence was on Wolffs delivery route. Following a hearing, the order was granted by the Montgomery County Court of Common Pleas in Montgomery C.P. No. 17-CV-1711.

         {¶ 3} On August 4, 2017, Wolff was delivering mail on Smith's street when Smith exited a vehicle and approached Wolff. Smith appeared angry and began yelling at Wolff. Smith stated that he was "going to knock out all of [Wolffs] f****** teeth[, ]" and that he wanted to "f*** [Wolff] up." Tr. p. 104-105. Wolff walked away from Smith, crossed the street to another home and called the police. While Wolff was on his cellular telephone with dispatch, Smith continued to yell at him.

         {¶ 4} A complaint was filed charging Smith with one count of violation of the protection order in violation of R.C. 2919.27(A)(2), a first degree misdemeanor. A jury trial was conducted in February 2018, following which the jury found Smith guilty as charged. The trial court sentenced Sm ith to a jail term of 180 days with credit for 17 days served. The court suspended the remaining 163 days. The court also sentenced Smith to one year of basic supervised probation with 20 days of electronic home detention. The trial court ordered Smith to comply with treatment through the Veteran's Administration. Finally, the court ordered Smith to pay a fine of $50 and court costs.

         {¶ 5} Smith appeals.

         II. Analysis

         {¶ 6} Smith asserts the following three assignments of error:

APPELLANTS CONVICTION IS NOT SUPPORTED BY SUFFICIENT EVIDENCE TO PROVE GUILT BEYOND A REASONABLE DOUBT.
APPELLANT WAS PREJUDICED BY THE DENIAL OF HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF HIS RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION. THE ...

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