State v. Parks
2016 Ohio 1178
Ohio Ct. App.2016Background
- On Oct 21, 2014, Nelson Parks displayed personal items (trash/debris) on a table at the Stark County District Library (North Branch); library security intended to ask him to leave and Parks left without incident.
- Security officer Osbourne claims he told Parks, while Parks was outside, that if Parks returned before Apr 21, 2015 the police would be called and Parks would be charged; Osbourne did not recall whether Parks acknowledged hearing the warning.
- On Nov 19, 2014, Parks returned, again displayed trash/debris on a table, refused to leave when asked, and was served a Notice of Violation that the State says was prepared Oct 21 but was not served until Nov 19.
- Parks was charged with one count of criminal trespass (R.C. 2911.21(A)(3)), tried to the court, found guilty, and sentenced to 30 days (20 suspended) with conditions; the no-contact order was later vacated.
- Parks appealed solely arguing the conviction was against the manifest weight and sufficiency of the evidence.
- The state did not file an appellate brief; the appellate court accepted Parks’ factual statement under App. R. 18(C).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved "actual communication" of notice prohibiting return under R.C. 2911.21(A)(3) | Osbourne warned Parks on Oct 21 and a Notice (dated Oct 21) existed, so Parks had notice not to return | Parks had no actual notice before Nov 19; Osbourne was unsure Parks heard the warning and the Notice was not served until Nov 19 | Reversed: evidence did not establish actual communication before Nov 19; conviction unsupported |
| Sufficiency of evidence to convict for criminal trespass | The facts, if believed, support conviction for unauthorized return/remain | Insufficient proof of prior actual notice to satisfy statutory element | Reversed for insufficiency/manifest weight; State failed to prove required notice element |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency-of-the-evidence review)