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State v. Redding

Court of Appeals of Ohio, Third District, Union

December 23, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ANTHONY WAYNE REDDING, DEFENDANT-APPELLANT.

          Appeal from Union County Common Pleas Court Trial Court No. 2018-CR-0038

          Allen Vender for Appellant

          Courtland Perry for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} Defendant-appellant, Anthony W. Redding ("Redding"), appeals the September 18, 2018 judgment entry of sentence of the Union County Court of Common Pleas. For the reasons that follow, we affirm.

         {¶2} This case stems from a February 17, 2018 altercation between Redding and the victim, S.S., during which Redding caused S.S. serious-physical harm by striking her in the face. Prior to the altercation, Redding and S.S. had been in a relationship with each other for three years. Redding alleged that he acted in self-defense. He was previously convicted of felonious assault in 2008.

         {¶3} On March 1, 2018, the Union County Grand Jury indicted Redding on one count of felonious assault in violation of R.C. 2903.11(A)(1), (D)(1)(a), a second-degree felony, with a repeat-violent-offender specification under R.C. 2941.149(A). (Doc. No. 2). On March 28, 2018, Redding appeared for arraignment and entered a plea of not guilty. (Doc. No. 7).

         {¶4} The case proceeded to a jury trial on September 17, 2018. The jury found Redding guilty of felonious assault on September 18, 2019. (Doc. Nos. 52, 53). That same day, the trial court determined that Redding is a repeat violent offender as alleged by the specification in the indictment. (Doc. No. 54). The trial court sentenced Redding to 8 years in prison on Count One and 10 years in prison on the repeat-violent-offender specification, and ordered that Redding serve the terms consecutively for an aggregate sentence of 18 years. (Id.).

         {¶5} After this court granted Redding leave to file a delayed appeal, Redding filed his notice of appeal on January 4, 2019 and raises three assignments of error. (Doc. No. 63). We will begin by addressing his first and second assignments together, followed by his third assignment of error.

Assignment of Error No. I
Anthony Redding received ineffective assistance of counsel because his attorney failed to object to inadmissible, irrelevant and prejudicial evidence that Redding had previous arrests. Sixth and Fourteenth Amendments to the United States Constitution; Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 8 L.Ed.2d 674 (1984); State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989); Evid.R. 401, 403(A) 404(b); Volume I, Tr. 87-88; Volume II, 63, 68-69.
Assignment of Error No. II
Anthony Redding received ineffective assistance of counsel because his attorney failed to object to inadmissible, irrelevant and prejudicial evidence that Redding had scratched profane words into [S.S.'s] door. Sixth and Fourteenth Amendments to the United States Constitution; Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 8 L.Ed.2d 674 (1984); State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989); Evid.R. 401, 403(A); Volume II, 49-52.

         {¶6} In his first and second assignments of error, Redding argues that his trial counsel was ineffective for failing to object to the admission of evidence of his prior arrests and an allegation that he vandalized S.S.'s front door with profane language.

         Standard ...


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