{¶ 2} A bench trial was held on October 6, 2004. By judgment entry filed same date, the trial court found appellant guilty and sentenced him to thirty days in jail.
{¶ 3} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
{¶ 7} Findings of fact or conclusions of law of the trial court were not requested. Therefore, it is impossible for this court to review the issue raised by appellant that the trial court disregarded the defense of self-defense. However, we are able to review the trial court's decision under the manifest weight of the evidence standard which would include any evidence presented on the issue of self-defense.
{¶ 8} On review for manifest weight, a reviewing court is to examine 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 jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered." State v. Martin (1983),
{¶ 9} Appellant was convicted of assault in violation of R.C.
{¶ 10} At the outset, it is important to note the issue of credibility or weight to be given to the testimony of each witness is left to the trier of fact. State v. Jamison (1990),
{¶ 11} The victim, Dennis Williams, testified he knocked on appellant's apartment door to talk to a friend, referred to as Mr. Garingburger/Mr. Danburger/Mike Duringburger, about a paint job. Mr. Williams was standing on the outside of the doorway of appellant's apartment on a concrete patio speaking with his friend when appellant approached the two and "straight shot out he hit me in the eye." Mr. Williams immediately left and subsequently went to the hospital. A police officer photographed his eye. State's Exhibit 1.
{¶ 12} Appellant testified he had told Mr. Williams many times that he was not welcome on his property as he was a "crack head." When appellant observed Mr. Williams in his doorway, he told Mr. Williams to leave three or four times but instead, Mr. Williams took a step toward him. Thereafter, appellant struck Mr. Williams in the face. Appellant stated he hit Mr. Williams after he came across the threshold as he felt threatened by him. The door had been open the whole time.
{¶ 13} Clearly, the decision of the trier of fact involved the credibility of these two witnesses. Obviously, the trial court found Mr. Williams to be more credible than appellant. Absent a showing of a manifest miscarriage of justice, we cannot substitute the trial court's decision with our own judgment.
{¶ 14} The testimony of one witness is sufficient to prove a fact. Therefore, a finding of guilty upon the testimony of one witness, although it may be contradicted by another, is sufficient to support the finding if the trier of fact finds said witness more credible.
{¶ 15} Upon review, we find the trial court did not lose its way in finding appellant guilty of assault.
{¶ 16} Assignments of Error I and II are denied. Delaware County, App. No. 04CAC10071
{¶ 17} The judgment of the Municipal Court of Delaware County, Ohio is hereby affirmed.
Farmer, P.J. Wise, J. and Edwards, J. concur.