State v. Trammel
2013 Ohio 4354
Ohio Ct. App.2013Background
- August 6–7, 2012: Appellant Trammel attacked the Hutchinsons during a forcible entry into their Massillon home; Darin Hutchinson was assaulted, choked, and injured.
- Rebecca Hutchinson returned home and witnessed the attack, attempted to call 911, and testified about the entry and consent issues.
- Brad Hutchinson helped restrain Trammel; officer Tim Anderson arrested Trammel; evidence included door damage and testimony from three prosecution witnesses and Rebecca.
- Indictment charged one count of aggravated burglary with a repeatviolent-offender specification and one count of harassment with a bodily substance; Trammel was found guilty of aggravated burglary and not guilty of harassment.
- Trial court sentenced Trammel to ten years on aggravated burglary with the RVO specification not imposed, and he filed a direct appeal in December 2012.
- Appellate courtAffirmed the convictions and sentence, holding assignments of error unpersuasive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the evidence for aggravated burglary | Trammel: insufficient/weight argues misjustice | State: sufficient, credible evidence supported verdict | Conviction supported; not against weight of the evidence. |
| Instruction on assault as a lesser-included offense | Trammel argued assault should be given as instruction | State: assault not a lesser-included offense of aggravated burglary | Not an abuse of discretion to deny instruction. |
| Non-minimum, maximum sentence within statutory range | Trammel challenges the sentence as excessive | State: within-range, proper discretion | Ten-year sentence within statutory range and not improper. |
| Denial to call Rebecca Hutchinson as court’s witness | Trammel contends abuse of discretion | State: court properly exercised discretion | No abuse; court did not err in declining to classify Rebecca as court’s witness. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard for criminal offenses; rational juror could convict)
- State v. Martin, 20 Ohio App.3d 172 (1983) (manifest weight standard; weigh evidence and credibility)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (fidelity to weight/sufficiency; standard for appellate review)
- State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step review of felony sentencing; within-range discretion)
- State v. Parsons, 2013-Ohio-1281 (2013) (post-Foster sentencing discretion; no mandatory fact finding for non-minimum/max)