2012 Ohio 1191
Ohio Ct. App.2012Background
- Appellant Miller was convicted by jury of assaulting a peace officer in the line of duty and sentenced to 18 months, but the conviction is modified on appeal.
- Event giving rise to charges occurred Oct. 19, 2010, when officers were dispatched to Miller’s home to address complaints about a mentally distressed, potentially dangerous individual.
- Officers intervened as Miller, physically agitated, resisted and struck at them; he grabbed a taser during the struggle and was tased and restrained.
- Counts: Count 1 (robbery) and Count 2 (assault on Officer Taylor). Robbery acquitted; assault conviction for Officer Taylor stands initially.
- Court held Miller’s assault conviction insufficiently supported for “knowingly” causing harm; ordered reduction to a lesser included offense and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of proof for knowing assault | Miller knowingly harmed Officer Taylor | State failed to prove knowing conduct | Conviction for assault was not supported; sustained in part and reduced to disorderly conduct |
| Reduction to lesser included offense | Disorderly conduct is not charged as a lesser included offense | Disorderly conduct should be the conviction | Conviction reduced to disorderly conduct under R.C. 2917.11(A)(1) |
| Remand for sentencing | Remand not necessary after modification | Sentencing consistent with modified conviction required | Remanded for resentencing consistent with the modified conviction |
Key Cases Cited
- State v. McGowan, 8th Dist. No. 96608 (2011-Ohio-6166) (sufficiency standard for reviewing evidence in criminal cases)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (superseded by statute; standard for reviewing conviction on appeal)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency of evidence—beyond a reasonable doubt standard)
- State v. Young, 8th Dist. No. 79779 (2002-Ohio-1274) (disorderly conduct as lesser included offense of assault)
- State v. Reed, 8th Dist. No. 89137 (2008-Ohio-312) (upheld assault conviction where similar knowingly standard applied)
- State v. Caesar, 8th Dist. No. 82136 (2003-Ohio-6168) (similar context supporting assault conviction)