State v. Feaster
2012 Ohio 4383
Ohio Ct. App.2012Background
- Feaster was indicted on criminal damaging and other counts following events on June 17, 2011.
- Jury acquitted Feaster of rape and sexual battery but convicted him of criminal damaging.
- Feaster was sentenced to 90 days in jail with court costs, despite already serving over 90 days.
- Feaster filed a delayed appeal and raised four assignments of error.
- This court viewed the Crim.R. 29 argument as waived, but reviewed the sufficiency of the evidence for criminal damaging.
- The court held the State failed to prove that the damaged door was 'property of another' and remanded to reflect the reversed conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for criminal damaging | State argues evidence supported the charge. | Feaster argues the State failed to prove ownership/consent and the element of property of another. | Evidence insufficient; conviction for criminal damaging reversed. |
| Mootness of remaining assignments of error | State contends issues survive review. | Feaster's other assignments moot after reversal. | Remaining assignments moot; judgment reversed and remanded. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court, 1991) (standard for sufficiency review)