State v. Dozier
2017 Ohio 4173
Ohio Ct. App.2017Background
- Defendant Leroy Dozier was indicted for felonious assault (R.C. 2903.11), domestic violence (R.C. 2919.25), and aggravated menacing; he pleaded not guilty and was tried by jury.
- Incident (Jan. 10, 2016): victim A.P. testified Dozier repeatedly choked, punched, kicked, and slammed her, rendering her unconscious multiple times and once urinating on herself after loss of consciousness.
- A neighbor witnessed Dozier beating A.P., saw her head slammed into pavement, and heard Dozier threaten to kill the neighbor; police and EMS responded.
- Photographs and officer observations showed visible head, neck, and chest injuries; paramedics/hospital treated A.P. under a strangulation protocol and performed a CAT scan.
- Dozier denied the physical assault (admitted prior domestic-violence conviction and drinking that night); jury convicted him of felonious assault and domestic violence but acquitted him of aggravated menacing.
- Sentenced to six years for felonious assault and 18 months for domestic violence, to run concurrently; Dozier appealed arguing insufficiency and manifest-weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of felonious assault | State: testimony, eyewitness, photos, officer observations, and medical evaluation support guilt beyond a reasonable doubt | Dozier: he did not hit or choke A.P.; injuries and loss of consciousness could be from intoxication | Affirmed — evidence sufficient when viewed in light most favorable to prosecution |
| Sufficiency of evidence that defendant caused "serious physical harm" | State: repeated choke-to-unconsciousness and head trauma satisfy statutory definitions of serious physical harm | Dozier: loss of consciousness/urination and sore throat could be due to intoxication or arguing, not inflicted harm | Affirmed — evidence supports finding of serious physical harm |
| Manifest-weight challenge | State: jury credited victim, neighbor, and objective injuries; not an exceptional case | Dozier: claims testimony unreliable and inconsistent | Affirmed — appellate court declines to overturn jury verdict; not an exceptional miscarriage of justice |
| Concurrent sentencing challenge (implicit) | State: sentence within court's discretion based on convictions | Dozier: not argued as a separate error on sufficiency/weight grounds | Sentence affirmed as part of conviction disposition |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and manifest-weight standards; appellate court as "thirteenth juror")
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of the evidence)
- State v. Martin, 20 Ohio App.3d 172 (1984) (describes rarity of reversing for manifest weight; reversal reserved for exceptional cases)