State v. BeechState v. Beech
STATE OF OHIO COUNTY OF SUMMIT, IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT
STATE OF OHIO, Appellee v. GEORGE D. BEECH, Appellant
C.A. No. 29036
APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2017-06-2085
DECISION AND JOURNAL ENTRY
Dated: January 16, 2019
HENSAL, Judge.
{¶1} George Beech appeals his convictions and sentence in the Summit County Court of Common Pleas. For the following reasons, this Court affirms.
I.
{¶2} In 1999, a court found that Mr. Beech was a habitual sex offender and ordered him to register his address annually for 20 years. In 2017, Mr. Beech’s registered address was a house he rented in Randolph. According to T.W., however, Mr. Beech moved in with her in January 2017. Although Mr. Beech continued to rent the house in Randolph and kept most of his belongings there, he brought all of his clothes to T.W.’s house and began spending every night with her. T.W. testified that, after a few months, she could not afford the house any longer, so she moved into a camper that she had at a campground in Clinton. Mr. Beech continued to live with her after the move and began working at the campground.
II.
ASSIGNMENT OF ERROR I
THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FOUND MR. BEECH GUILTY BECAUSE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT SUCH FINDINGS.
ASSIGNMENT OF ERROR II
MR. BEECH’S CONVICTIONS ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
{¶4} Mr. Beech argues that his convictions are not supported by sufficient evidence and are against the manifest weight of the evidence. Whether a conviction is supported by sufficient evidence is a question of law, which we review de novo. State v. Thompkins, 78 Ohio St.3d 380, 386 (1997). In making this determination, we must view the evidence in the light most favorable to the prosecution:
An appellate court’s function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, would convince the average mind of the defendant’s guilt beyond a reasonable doubt. The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.
{¶5} If a defendant asserts that his convictions are against the manifest weight of the evidence,
an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction[s] must be reversed and a new trial ordered.
State v. Otten, 33 Ohio App.3d 339, 340 (9th Dist.1986). Weight of the evidence pertains to the greater amount of credible evidence produced in a trial to support one side over the other side. Thompkins at 387. An appellate court should only exercise its power to reverse a judgment as against the manifest weight of the evidence in exceptional cases. State v. Carson, 9th Dist. Summit No. 26900, 2013-Ohio-5785, ¶ 32, citing Otten at 340.
{¶6} The trial court found Mr. Beech guilty of failure to register under
{¶8} Two of T.W.’s daughters also testified that Mr. Beech stayed with them at the camper while he was dating T.W. One testified that he was there all but three or four nights and the other testified that Mr. Beech also worked for the campground. The State also introduced a copy of the protection order that Mr. Beech consented to, which described him as T.W.’s live-in boyfriend.
{¶9} The term “residence” is not specifically defined in
{¶10} Mr. Beech also argues that there was insufficient evidence that he was employed within Summit County. Although he admits that he helped around the campground, he contends he never received a paycheck, which made him nothing more than a volunteer.
{¶11} Although Mr. Beech may not have received a paycheck from the campground, he testified that its owner gave him money for the work he did. While he characterized the payments as merely gas money, Mr. Beech’s admission that he was paid for his work was sufficient evidence to support a finding that he was employed by the campground. Accordingly, upon review of the record, we conclude that Mr. Beech’s conviction was supported by sufficient evidence. His first assignment of error is overruled.
{¶12} Regarding the weight of the evidence, Mr. Beech argues that his domicile and residence has always been his house in Portage County, because that is where he receives his mail, where he pays utility bills, where his household furnishings are, and where his dog lives. He notes that his father testified that he would pick up Mr. Beech at his house or take him back to the house several times a week. One of Mr. Beech’s friends also testified that he would go to Mr. Beech’s house several times a week and that Mr. Beech would almost always be there. Mr. Beech notes that the sheriff’s deputy who testified never went out to his Portage County house and never saw any physical items suggesting that he had a residence in Summit County.
{¶13} Mr. Beech argues that the trial court incorrectly reasoned that the domestic relations court must have found that he lived with T.W. because it issued temporary protection
{¶14} Mr. Beech is correct that he did not have to live with T.W. in order for her to obtain a domestic violence civil protection order against him. The consent agreement that he signed, however, listed him as T.W.’s live in boyfriend. The consent agreement form also contained a list of 18 provisions with the advisement that those that were checked applied to the respondent. T.W. and Mr. Beech checked seven of the provisions, including one that instructed Mr. Beech to immediately vacate T.W.’s residence. Another granted exclusive possession of the residence to T.W.
{¶15} Regarding the testimony of the witnesses called by the State and Mr. Beech, we note that the trial judge was in the best position to evaluate their credibility. State v. Oswald, 9th Dist. Summit No. 28633, 2018-Ohio-245, ¶ 25. Upon review of the record, we cannot say that the court clearly lost its way when it chose to believe the testimony of T.W. and her daughters over the testimony of Mr. Beech, his friends, and his father. Mr. Beech’s second assignment of error is overruled.
ASSIGNMENT OF ERROR III
{¶16} THE TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR WHEN IT FAILED TO MERGE DEFENDANT’S CONVICTIONS FOR SENTENCING PURPOSES, AS THEY WERE ALLIED OFFENSES OF SIMILAR IMPORT.
{¶17} Mr. Beech also argues that his sentence should be vacated because the trial court sentenced him on allied offenses. He concedes that, because he did not raise the issue of allied
{¶18}
(A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only one.
(B) Where the defendant’s conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus as to each, the indictment or information may contain counts for all such offenses, and the defendant may be convicted of all of them.
Under
R.C. 2941.25(B) , a defendant whose conduct supports multiple offenses may be convicted of all the offenses if any one of the following are true: (1) the
conduct constitutes offenses of dissimilar import, (2) the conduct shows that the offenses were committed separately, or (3) the conduct shows that the offenses were committed with separate animus.
Id. at paragraph three of the syllabus. It also explained that offenses are of dissimilar import under
{¶19} Mr. Beech violated
III.
{¶20} Mr. Beech’s assignments of error are overruled. The judgment of the Summit County Court of Common Pleas is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Costs taxed to Appellant.
JENNIFER HENSAL FOR THE COURT
SCHAFER, P. J. TEODOSIO, J. CONCUR.
APPEARANCES:
NEIL P. AGARWAL, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.