State v. Hall, 2012 Ohio 1571

Defendant Frankie Hall appeals a Montgomery County Municipal Court judgment finding him guilty of domestic violence, a first-degree misdemeanor under R.C. 2919.25(A).
The incident occurred April 9, 2011 at Hall and Wertz’s residence in Trotwood, where they had lived together since February 2011.
Wertz and her daughter testified Hall head-butted Wertz after an argument, causing a nose injury; Hall claimed the head butt was accidental and that Wertz grabbed him, causing him to lose balance.
The defense called Shiloh Spurlock to support the accident theory, though Spurlock was not subpoenaed and only informed counsel shortly before trial.
The trial court convicted Hall and sentenced him to 180 days in jail with credit for 11 days served; this appeal follows.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of the evidence	Hall maintains the state failed to prove knowledge of harm.	Hall argues credibility issues undermine the verdict.	Overruled; evidence viewed in the light most favorable to the state supports guilt and does not weigh heavily against conviction.
Sentencing procedures under RC 2929.21/22	State contends court properly considered sentencing factors.	Hall asserts the court did not consider RC 2929.21/22 factors.	Affirmed; court presumed to have considered factors and reviewed pre-sentence report; sentence within limits.

Thompkins, 78 Ohio St.3d 380 (1997) (established sufficiency and manifest weight standards for review)
Jenks, 61 Ohio St.3d 259 (1991) (test for sufficiency of evidence in criminal appeal)
DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence reside with the trier of fact)