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State v. Galindo
2012 Ohio 3626
Ohio Ct. App.
2012
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Background

  • Appellant Miguel Valentin Galindo was convicted by jury of one count of disrupting public services ( felony of the fourth degree) after a domestic-violence incident with Maria Rodriguez in 2011.
  • Galindo and Maria have two children together; three other minor children were present during the incident.
  • Galindo arrived at Maria's North Canton apartment very early, intoxicated, and demanded to sleep with her.
  • A confrontation occurred at the door; Maria asked him to leave, they fought, and he gained entry by force, even entering through a window.
  • During the incident, Galindo took and broke phones belonging to Maria/A.A., preventing them from calling police until they could access another working phone; four children witnessed most of the incident.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Galindo's conviction for disrupting public services is sufficent and not against weight Galindo Galindo Conviction supported; not against weight or sufficiency

Key Cases Cited

  • State v. Brown, 97 Ohio App.3d 293 (8th Dist. 1994) (defines 'telephone service' to include initiation/receipt of calls; disruption includes breaking a phone)
  • State v. White, 2007-Ohio-5671 (2nd Dist.) (disruption need not involve an actual ongoing 911 call)
  • State v. Yoakum, No. 01CA005, 2002-Ohio-249 (5th Dist.) (no requirement to show a live call; destruction of phone suffices)
  • State v. Thomas, 2003-Ohio-5746 (2nd Dist.) (damaging/tampering with phone to interrupt service satisfies statute)
Read the full case

Case Details

Case Name: State v. Galindo
Court Name: Ohio Court of Appeals
Date Published: Aug 6, 2012
Citation: 2012 Ohio 3626
Docket Number: 2011CA00258
Court Abbreviation: Ohio Ct. App.