State v. Herron
2013 Ohio 3139
Ohio Ct. App.2013Background
- Defendant Michael Herron was charged with felony domestic violence based on a February 3, 2012 incident at a Social Security office in which the victim alleged he slapped her.
- The indictment included a furthermore clause alleging a prior domestic violence conviction from October 2001, which elevates the later offense to a fourth-degree felony under R.C. 2919.25(D)(3).
- At trial the state introduced testimony about the 2001 conviction; defense counsel questioned witnesses in a way that elicited related testimony.
- Jury convicted Herron of fourth-degree felony domestic violence; trial court initially sentenced him to nine months but omitted credit for time served in the first journal entry.
- Appellant raised two assignments of error on appeal: (1) trial court erred in permitting evidence of the 2001 conviction; (2) trial court failed to grant credit for time served.
- Appellate court affirmed conviction, found no abuse of discretion in admitting prior-conviction evidence, and the record was later supplemented to show the trial court granted 34 days’ jail-time credit, rendering assignment two moot.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Herron) | Held |
|---|---|---|---|
| Admissibility of 2001 conviction | Prior conviction is an essential element elevating the charge to felony; evidence admissible to prove that element and rebut defense | Evidence was time-barred under Evid.R. 609(B) and unduly prejudicial under Evid.R. 403 and 404(B) because it was an 11-year-old conviction | Court held Evid.R. 609(B) did not apply because the prior conviction was an element elevating the offense; admission was proper and defendant’s cross-examination opened the door to the testimony |
| Failure to award jail-time credit in journal entry | N/A (state supplemented record) | Trial court’s journal entry initially failed to credit time served, violating defendant’s right to credit | Moot: trial court later filed a supplemental journal entry granting 34 days’ jail-time credit; appellant received requested relief |
Key Cases Cited
- State v. Sage, 31 Ohio St.3d 173 (trial court has discretion to admit/exclude evidence)
- State v. Wolons, 44 Ohio St.3d 64 (definition of abuse of discretion)
- State v. Loza, 71 Ohio St.3d 61 (failure to object waives evidentiary error)
- State v. Long, 53 Ohio St.2d 91 (plain-error standard)
- State v. Fry, 125 Ohio St.3d 163 (prior conviction admissible when it is an element elevating the offense)
- State v. Henderson, 58 Ohio St.2d 171 (prior conviction as an essential element must be proved beyond a reasonable doubt)
- State v. Morris, 132 Ohio St.3d 337 (appellate review principles)