State v. Thoennes, 2014 Ohio 2524

Thoennes appealed the April 3, 2013 judgment convicting him of assault.
Appellant argued the conviction was against the manifest weight of the evidence and that he was denied allocution at sentencing.
The State presented testimony of Riley and Pastore about three confrontations; Faircloth testified for the defense.
Trial court sentenced Thoennes to 180 days in jail (165 suspended), $250 fine, costs, and 12 months of community control.
Appellate court affirmed the conviction but reversed the sentence and remanded for resentencing because allocution was not provided.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the conviction against the manifest weight of the evidence?	Thoennes argues the weight favors him.	Thoennes contends the evidence supports a misweighing of credibility.	Not meritorious; evidence supports the conviction.
Was allocution properly provided at sentencing?	Thoennes asserts allocution was denied.	State argues allocution was not properly addressed.	Allocution rights violated; remand for resentencing.

State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight-of-implication standard for appellate review of weight of the evidence)
State v. Hill, 75 Ohio St.3d 195 (1996) (credibility and preserved issues on appeal)
State v. DeHass, 10 Ohio St.2d 230 (1967) (standard for weighing evidence and credibility)
State v. Pallai, 2008-Ohio-6635 (Seventh Dist.) (two reasonable views of evidence; appellate not to substitute judgment)
State v. Woullard, 158 Ohio App.3d 31 (2004-Ohio-3395) (two reasonable inferences; appellate not to substitute judgment)
State v. Gore, 131 Ohio App.3d 197 (1999) (appellate deference to witness credibility and evidence)
State v. Green, 90 Ohio St.3d 352 (2000) (Crim.R. 32 allocution right is absolute; defendant must be addressed)
State v. Clunen, 2013-Ohio-5525 (Seventh Dist.) (Crim.R. 32 allocution requirement at sentencing)
State v. Land, 2002-Ohio-1531 (Seventh Dist.) (allocution rights extend to defendant and attorney)