State v. Breneman
2012 Ohio 3632
Ohio Ct. App.2012Background
- Breneman was charged with assault under R.C. 2903.13 and petty theft under R.C. 2913.02(A)(2) for a March 9, 2011 incident in Wayne County.
- Breneman pled guilty to petty theft and, after a bench trial, was found guilty of the assault charge.
- The trial court sentenced Breneman to 30 days on each count, to be served consecutively.
- Witnesses for the State included Bryyton Love, Angela Nicholas, and Sergeant Howard Funk, who described the assault at the apartment.
- Bolen testified for the defense, claiming Love acted oddly and did not enter the apartment, contradicting state witnesses.
- Breneman argues on appeal that her assault conviction is against the manifest weight of the evidence; the appellate court reviews credibility and evidentiary weight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Breneman's conviction against the manifest weight of the evidence? | Breneman argues the State's witnesses were not credible. | The defense contends the weight of the evidence favors an acquittal. | No; conviction not against manifest weight. |
Key Cases Cited
- State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (weighing evidence and credibility for manifest weight review)
- State v. Shue, 97 Ohio App.3d 459 (9th Dist.1994) (credibility is primarily for the trier of fact)
- Ostendorf-Morris Co. v. Slyman, 6 Ohio App.3d 46 (8th Dist.1983) (trial court credibility assessment guiding weight review)
- Crull v. Maple Park Body Shop, 36 Ohio App.3d 153 (12th Dist.1987) (belief in witnesses within manifest weight framework)
- State v. Cook, 2003-Ohio-727 (9th Dist.) (credibility and conflicting testimony within weight analysis)
- State v. Peasley, 2010-Ohio-4333 (9th Dist.2010) (conviction not against manifest weight when jury credits State's version)