2023 Ohio 1763
Ohio Ct. App.2023Background
- Victim Lakina Webb ended a six-year relationship with Oba Kendrick; after the breakup he sent escalating threatening texts and Facebook messages, and drove by her house making extended eye contact.
- Messages included statements such as that he would "shoot any [person] I see you with" and "I’m going to end up doing something;" during a phone call he directly threatened to shoot Webb, her house, car, or anyone with her.
- Webb feared harm because Kendrick had a bipolar diagnosis, she believed he was off his medication, he had anger issues, and he had access to firearms.
- Webb reported the threats to police; Kendall was charged in Jan. 2022 with aggravated menacing (first-degree misdemeanor), tried by bench in Sept. 2022, and convicted.
- Sentence: 178 days in jail (178 suspended), two years’ probation with anger-management/counseling conditions, and a postconviction no-contact order; Kendrick appealed raising three issues: speedy trial, sufficiency/manifest weight, and jail-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial (R.C. 2945.71/2945.73) | State: claim waived because Kendrick did not move to dismiss in trial court | Kendrick: was denied speedy trial and asks for plain-error review | Waived on appeal for failure to raise below; assignment overruled |
| Sufficiency and manifest weight of evidence (aggravated menacing) | State: texts, Facebook messages, phone threat, drive-by, and victim testimony show Kendrick knowingly caused fear of serious physical harm | Kendrick: messages were vague, no physical assaults previously, victim not credible — insufficient evidence | Evidence sufficient; verdict not against manifest weight; assignment overruled |
| Jail-time credit (R.C. 2949.08) | State: agrees remand is appropriate to correct sentencing entry | Kendrick: entitled to credit for pretrial confinement days served | Court reversed in part and remanded for the trial court to award appropriate jail-time credit |
Key Cases Cited
- State v. Cutcher, 56 Ohio St.2d 383 (explains requirement to move for dismissal to preserve speedy-trial claim)
- State v. Thompkins, 78 Ohio St.3d 380 (announces manifest-weight standard and ‘‘thirteenth juror’’ review)
- State v. Wilks, 154 Ohio St.3d 359 (discusses manifest-miscarriage-of-justice standard)