State v. Holsinger
2017 Ohio 1378
Ohio Ct. App.2017Background
- Defendant Jerry D. Holsinger entered the protected residence of R.B. in violation of an active Civil Protection Order. R.B. and her boyfriend S.E. were present.
- Holsinger yelled, pounded on the bathroom door, was pushed by S.E., then threw a large ceramic potted planter at S.E., which struck S.E.’s head and forearm. The planter broke.
- Holsinger picked up a shard from the broken planter and slashed S.E.’s wrist, causing a deep laceration that reopened and left a permanent scar.
- Holsinger was tried by jury and convicted of aggravated burglary, two counts of burglary (merged), two counts of felonious assault (one for serious physical harm, one for use of a deadly weapon), and violation of a protection order.
- At sentencing the court merged some counts but imposed consecutive prison terms totaling 12 years; Holsinger appealed arguing insufficiency of evidence on the felonious-assault counts, that the Crim.R. 29 motion should have been granted as to aggravated burglary, and that the two felonious-assault counts should have merged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Count V (felonious assault by means of a deadly weapon) | State: The broken ceramic planter was capable of inflicting death and was used/possessed as a weapon; it caused physical harm to S.E. | Holsinger: The planter was not a "deadly weapon" and evidence was insufficient to prove use of a deadly weapon | Court: Evidence sufficient; jury could find the planter a deadly weapon and that Holsinger caused physical harm by means of it (conviction affirmed) |
| Sufficiency of evidence for Count IV (felonious assault — serious physical harm) | State: The shard caused a deep, repeatedly reopening laceration and permanent scar — qualifying as serious physical harm | Holsinger: Evidence did not rise to level of "serious physical harm" required for felony | Court: Evidence sufficient; permanent scarring and prolonged injury supported finding of serious physical harm (conviction affirmed) |
| Denial of Crim.R. 29 motion on Count I (aggravated burglary) | State: Holsinger trespassed by force in an occupied structure, someone was present, he formed purpose to commit an offense (felonious assault/violation of CPO) and inflicted/threatened physical harm | Holsinger: State failed to show he entered with purpose to commit assault (as alleged in bill of particulars); Crim.R.29 should have been granted | Court: Purpose can form during trespass; evidence supported aggravated burglary (sufficient evidence); denial of Crim.R.29 proper (conviction affirmed) |
| Merger of Count IV and Count V (allied offenses) | State: Two felonious-assault convictions are allowable because the acts produced separate, identifiable harms and were committed separately | Holsinger: The assaults were part of the same course of conduct and should merge under R.C. 2941.25 | Court: Under Ruff the conduct, animus, and import must be considered; throwing the planter and subsequently cutting with a shard were separate acts causing separate harms → no merger (sentence affirmed) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (established the standard for sufficiency review)
- McDaniel v. Brown, 558 U.S. 120 (reaffirmed Jackson sufficiency standard)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio standard for reviewing sufficiency of the evidence)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (framework for allied-offense merger analysis: conduct, animus, import)
- State v. Thompkins, 78 Ohio St.3d 380 (discusses manifest-weight review standard)