State v. Florence
2014 Ohio 2337
Ohio Ct. App.2014Background
- Florence charged 1/24/2013 with disorderly conduct, obstructing official business, and domestic violence; bench trial 3/28/2013 with deputies Hatfield and Brockman testifying; Florence was intoxicated, uncooperative, and refused identifying information; witnesses inside the home separated by a screen door; Florence moved outside, became loud and disruptive; domestic violence dismissed because of nonappearance of witnesses; magistrate found Florence guilty of two counts and dismissed the domestic violence charge; jail sentences of 30 days on each count concurrent, one year of probation and alcohol treatment for each count, and fines/costs; judge overruled Florence’s objections and upheld convictions on both counts; Florence appealed raising four assignments of error; the case is remanded for resentencing with proper allocution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for obstructing official business and disorderly conduct | Florence contends evidence did not show acts hampering duties or fighting words | Florence asserts no actual impediment and no 'fighting words' | Evidence sufficient for both convictions |
| Whether sentencing for disorderly conduct as a fourth-degree misdemeanor was lawful | Disorderly conduct was a minor misdemeanor; complaint did not specify E(3) | Complaint gave notice it was fourth-degree under E(3) | Proper to convict/sentence as fourth-degree misdemeanor and within statutory limits |
| Allocution requirement under Crim.R. 32(A)(1) violated | Trial court failed to address Florence personally for statement mitigation | Right to allocution is a failure to address defendant | Sustained; remand for proper allocution at resentencing |
| Court costs notification under RC 2947.23 governs community service option | Failure to notify about potential community service affects sentence | Amendments allow court to impose community service even without notification | Overruled; remand not required beyond proper resentencing; notification not necessary to authorize community service under current law |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court, 1997) (sufficiency standard of review for criminal convictions)
- State v. Paul, 12th Dist. Fayette No. CA2011-10-026, 2012-Ohio-3205 (12th Dist., 2012) (sufficiency evidence standard; review in light most favorable to prosecution)
- State v. Merz, 2000 WL 1051837 ((Dec. title)) (affirmative acts supporting obstruction of official business)
- City of Warren v. Lucas, 2000 WL 655446 (11th Dist. Trumbull, 2000) (volume and demeanor may impede investigation for disorderly conduct)
- Doans, State v. Doans, 12th Dist. Butler No. CA2007-10-258, 2008-Ohio-5423 (12th Dist., 2008) (complaint language sufficient to advise第四-degree labeling where appropriate)
- State v. Lorenzo, 2002-Ohio-3495 (11th Dist., 2002) (words can support fourth-degree disorderly conduct where persistent after warning)
- State v. Horton, State v. Davis, 10th Dist. Franklin No. 88AP-766, 1989 WL 109256 (1989) (notice sufficiency for E(3) interpretations)
- State v. Kinzer, 1991 WL 214360 (12th Dist., 1991) (interpretation of complaint sufficiency for elements)