State v. Aberegg, 2012 Ohio 743

Aberegg called the Medina County Domestic Relations Court liaison about scheduling a supervised visitation.
Center scheduling required advance notice due to limited hours and staffing; staff would only receive messages when open.
Aberegg left a profane, threatening voicemail for Shema on July 9, 2010, after being told a same-day visit could not be arranged.
He was charged with one count of telecommunications harassment under R.C. 2917.21(B) on July 27, 2010, and bench trial occurred September 23, 2010.
The Medina Municipal Court found Aberegg guilty and sentenced him to 30 days in jail.
The court of appeals affirmed, addressing two assignments of error and upholding the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and weight of evidence	Aberegg argues insufficiency and manifest weight flaws.	Aberegg contends the message was not intentionally harassing.	Evidence supports guilt; not against weight; conviction affirmed.
Lesser-included offense	Conviction should reflect disorderly conduct if applicable.	Disorderly conduct is a lesser offense; trial court erred in not reducing.	No error; evidence supports telecom harassment; conviction affirmed.

State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review standard)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (classic sufficiency framework)
Akron v. McDaniels, 2004-Ohio-599 (9th Dist.) (telecommunications harassment precedents)
State v. Otten, 33 Ohio App.3d 339 (1986) (weight-of-the-evidence standard)
State v. Skorvanek, 2009-Ohio-1709 (9th Dist.) (lesser-included offense modification considerations)