2016 Ohio 5761
Ohio Ct. App.2016Background
- Jose A. Ybarra was subject to a civil protection order (effective Oct. 15, 2013–Oct. 9, 2018) prohibiting contact with his ex‑wife and son and forbidding third‑party contact on his behalf.
- Ybarra had a prior conviction for violating a protection order in 2014.
- While incarcerated (Apr 23–Nov 30, 2015), Ybarra mailed a letter to a neighbor asking the neighbor to give the envelope to Ybarra’s son; the neighbor left the envelope at Mrs. Ybarra’s door.
- Mrs. Ybarra recognized Ybarra’s name on the return address and delivered the envelope to police.
- A Licking County jury convicted Ybarra of violating R.C. 2919.27(A)(1) with a prior‑violation specification; he was sentenced to one year.
- On appeal Ybarra argued the evidence was insufficient because the State did not prove he received notice of the full hearing required by R.C. 3113.31(D)(2)(a), rendering the underlying protection order invalid.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ybarra) | Held |
|---|---|---|---|
| Whether evidence was sufficient to support conviction for violating a protection order | The protection order was in effect and Ybarra was served with the full order; he knew or should have known not to contact the protected persons | The State failed to prove statutory notice of the full hearing; the underlying order was invalid for lack of required notice, so conviction cannot stand | Court affirmed: collateral attack on order fails; order remained valid until successfully challenged; conviction supported |
| Whether trial court erred in denying Crim.R. 29 motion for acquittal | Same as above — sufficient evidence that Ybarra violated a valid order | Same as above — lack of notice made order invalid, so no criminal liability | Denial proper: evidence was sufficient and order stood absent a successful attack |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- In re White, 60 Ohio App.2d 62 (Ohio App. 1978) (court orders must be obeyed until a court finds them invalid or rescinds them)
- United Mine Workers v. Coronado Coal Co., 330 U.S. 258 (U.S. 1947) (orders and labor injunction principles cited for proposition that orders must be obeyed until set aside)