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2016 Ohio 4887
Ohio Ct. App.
2016
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Background

  • Defendant Damon Glenn and victim Lateefah Shabazz had a long-term, on‑again/off‑again relationship and a child together; Shabazz removed Glenn from the lease in Feb. 2015 and by May 2015 was the sole tenant.
  • On May 13, 2015, Glenn came to Shabazz’s house to see their child; an argument ensued during which Shabazz testified Glenn threatened her, grabbed her throat, struck her with a phone charger, and later banged and broke her bedroom window.
  • Police arrived while Glenn remained at the residence; Glenn denied the physical assaults and claimed the window broke accidentally while he knocked for attention.
  • Glenn was charged with five offenses (two counts of domestic violence, assault, aggravated menacing, and criminal damaging); after a bench trial he was found guilty on all counts.
  • The court orally imposed concurrent jail terms (180 days on one domestic violence count, 30 days on the other, and 90 days on criminal damaging) and gave 56 days jail credit; written journal entries reflected convictions and sentences only for the domestic‑violence and criminal‑damaging counts.
  • On appeal Glenn argued (1) insufficient evidence/manifest weight as to criminal damaging, and (2) sentencing error because certain convictions were allied offenses and should have merged.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency / manifest weight of evidence for criminal damaging (broken bedroom window) State: Evidence (victim testimony, photo, officer identification) supports finding Glenn knowingly damaged property without consent. Glenn: He had access/possession and knocked accidentally while trying to get attention; lacked mens rea. Court upheld conviction — evidence sufficed and verdict not against manifest weight.
Whether aggravated menacing and domestic violence were allied offenses and should merge for sentencing State: Initially agreed some counts were allied and suggested sentencing on one domestic violence charge, but later sought sentencing on multiple counts; trial court proceeded on domestic‑violence and criminal‑damaging convictions only. Glenn: Trial court erred by sentencing separately on allied offenses (aggravated menacing and domestic violence). Court rejected error because the journaled entries did not impose sentence on aggravated menacing; handwriting not a journal entry, so no illegal multiple sentence.

Key Cases Cited

  • State v. Thompkins, 78 Ohio St.3d 380 (discusses sufficiency and manifest weight distinctions)
  • Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (defines ‘manifest weight’ standard)
  • State v. Martin, 20 Ohio App.3d 172 (standard for reversal on manifest weight is only in exceptional circumstances)
  • State v. Ruff, 143 Ohio St.3d 114 (2015) (frames allied‑offense inquiry)
  • State v. Earley, 145 Ohio St.3d 281 (2015) (applies the three‑part allied‑offense test)
  • State v. Golston, 71 Ohio St.3d 224 (mootness principles when defendant voluntarily satisfies misdemeanor judgment)
Read the full case

Case Details

Case Name: State v. Glenn
Court Name: Ohio Court of Appeals
Date Published: Jul 8, 2016
Citations: 2016 Ohio 4887; 26776
Docket Number: 26776
Court Abbreviation: Ohio Ct. App.
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