2018 Ohio 4604
Ohio Ct. App.2018Background
- Defendant Yachira M. Ruiz was convicted in Cleveland Municipal Court of assault and aggravated menacing after a physical altercation with the victim.
- The victim (the city’s sole witness) testified that Ruiz and others stopped her car, Ruiz opened the car door, struck her while she was belted in, a struggle ensued on the ground, and Ruiz punched her several times.
- Photographs introduced showed the victim’s swollen face and scraped knee.
- Trial court found Ruiz guilty of both assault and aggravated menacing; Ruiz appealed, raising two assignments of error: sufficiency of evidence for aggravated menacing and improper imposition of court costs.
- The city effectively conceded at oral argument that evidence was insufficient to prove aggravated menacing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated menacing | Evidence of the attack and prior friction supports victim’s fear | No evidence that victim subjectively believed Ruiz would cause serious physical harm | Reversed: evidence insufficient to prove aggravated menacing |
| Imposition of court costs | Court may assess mandatory costs under R.C. 2947.23; no ability-to-pay inquiry required | Court erred by imposing costs outside defendant’s presence and without considering ability to pay | Overruled: costs mandatory; defendant may later move to waive or modify |
Key Cases Cited
- State v. Dean, 54 N.E.3d 80 (Ohio 2015) (standard for sufficiency review and mandatory assessment of prosecution costs)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (approved the sufficiency-of-the-evidence test)
- State v. Joseph, 926 N.E.2d 278 (Ohio 2010) (addressed timing of imposing costs; later limited by subsequent Ohio Supreme Court decisions)