2022 Ohio 2370
Ohio Ct. App.2022Background
- Just after midnight on Sept. 23, 2020, an unknown man (Strietelmeier) rang Rhonda Mapes’ doorbell for several minutes, searched around the porch and her car, and returned to a car parked in her driveway.
- Colerain Township officers arrived, found Strietelmeier in the car, told him no one named “Brandy” lived at that address and advised him not to return; no bodycam of that encounter.
- About 2:15 a.m., Strietelmeier returned, rang the Mapes’ doorbell again, peered through glass, banged the doorframe, jerked the handle, and walked toward the rear of the house, later arrested near a Penske truck.
- On arrest he said he was looking for “Brandy” at the direction of his girlfriend Donna and that he used the house’s Spanish arches as a visual cue; he claimed confusion and possible untreated mental illness.
- A jury convicted him of criminal trespass under R.C. 2911.21(A)(1); the municipal court imposed a 30‑day jail term stayed, two years’ probation, 200 hours community service, and a $250 fine. The First District affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was against the manifest weight for failure to prove Strietelmeier knowingly entered/ remained without privilege | State: He returned after being warned, engaged in conduct (peering, handling door, lingering) from which knowledge and lack of permission can be inferred; jury credibility findings control | Strietelmeier: He reasonably believed he had permission (looking for Brandy per Donna); police told him they didn’t know who lived there and didn’t specifically prohibit returning to the Mapes’ house; may have been mentally impaired | Court affirmed: jury could credit state; knowledge may be inferred; no requirement that owner post notice; privilege not proven; verdict not against manifest weight |
| Whether alleged mental illness required reversal or competency inquiry | State: No competency claim or mental‑illness defense was pursued at trial | Strietelmeier: Claimed possible untreated mental illness impaired his understanding | Court: Defense didn’t request competency or present mental‑illness defense at trial, so the issue was not preserved for appellate reversal |
Key Cases Cited
- State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (Ohio 1967) (credibility and weight of evidence are for the trier of fact)
- State v. Janson, 183 Ohio App.3d 377, 917 N.E.2d 296 (1st Dist. 2009) (no requirement that property post “no trespassing” signs to support trespass conviction)
- State v. Foster, 153 N.E.3d 728 (8th Dist. 2020) (knowledge may be reasonably inferred from victim’s demeanor and others’ interactions)
