2013 Ohio 1187
Ohio Ct. App.2013Background
- Lewis was convicted of fourth-degree misdemeanor menacing and sentenced to 30 days in jail with time served credited, a $250 fine suspended, and costs to be paid.
- Lewis did not post bail; the 30-day sentence exceeded his pretrial involuntary confinement, yet the appeal was not moot because he did not voluntarily serve the sentence.
- The trial court appeared to discredit the victim during verdict, but the conviction rested on whether the victim reasonably believed Lewis would cause physical harm.
- RC 2903.22(A) defines menacing as causing another to believe the offender will cause physical harm to person or property.
- Evidence showed Lewis used the victim’s phone, argued with the victim, threatened to “mess her up” and “beat the f**k out of” her, and the 911 call supported fear of physical harm.
- The court later found that imposing court costs in Lewis’s absence was improper and remanded for possible waiver of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there legally sufficient evidence for menacing? | Lewis | Lewis | Yes, sufficient evidence supported the conviction. |
| Is the appeal moot due to time served? | State/Byrd rule | Lewis | No, appeal not moot; time served did not bar appeal. |
| May court costs be imposed in absence? | State | Lewis | Costs imposed in absence improper; remanded to consider waiver. |
Key Cases Cited
- State v. Byrd, 185 Ohio App.3d 30 (2009-Ohio-5606) (mootness rule exceptions for time served before conviction)
- St. Pierre v. United States, 319 U.S. 41 (1943) (mootness in criminal appeals on time served)
- State v. Benson, 29 Ohio App.3d 109 (1986) (mootness when time served equals sentence)
- Sibron v. New York, 392 U.S. 40 (1968) (mootness and right to pursue appeal before sentence ends)
- State v. Campbell, 2010-Ohio-2573 (Ohio Supreme) (appeal timing considerations)
- State v. Appleton, 2010-Ohio-2778 (8th Dist.) (waiver of costs on appeal)
- State v. Joseph, 2010-Ohio-954 (Ohio Supreme) (costs reversal when absence improper)
- State v. Yarbrough, 95 Ohio St.3d 227 (2002-Ohio-2126) (sufficiency standard for criminal convictions)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
- Cavazos v. Smith, 565 U.S. 1 (2011) (deferential standard for sufficiency review)