State v. Juhan ( 2012 )

[Cite as State v. Juhan, 2012-Ohio-2635.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97745
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
FREDDIE JUHAN
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-548303
BEFORE: Cooney, J., Blackmon, A.J., and Kilbane, J.
RELEASED AND JOURNALIZED: June 14, 2012
ATTORNEY FOR APPELLANT
Britta M. Barthol
P.O. Box 218
Northfield, Ohio 44067
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
By: Steven N. Szelagiewicz
Assistant County Prosecutor
8th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
COLLEEN CONWAY COONEY, J.:
{¶1} Defendant-appellant, Freddie Juhan (“Juhan”), appeals his felony
conviction for domestic violence. Finding no merit to the appeal, we affirm.
{¶2} In March 2011, Juhan was charged with kidnapping, felonious assault,
robbery, domestic violence, and disrupting public services. The Cuyahoga County
psychiatric clinic report found him competent to stand trial. The case proceeded to a
jury trial. At the close of the State’s case, the court granted Juhan’s Rule 29 motion to
dismiss the charge of robbery based on insufficient evidence.
{¶3} The jury found Juhan not guilty of kidnapping, felonious assault, and
disrupting public services, but found him guilty of domestic violence. He was sentenced
to 36 months in prison and three years of postrelease control. Juhan now appeals,
arguing in his sole assignment of error that his conviction is against the manifest weight
of the evidence.
{¶4} A challenge to the manifest weight of the evidence attacks the verdict in
light of the State’s burden of proof beyond a reasonable doubt. State v. Thompkins, 78
Ohio St.3d 380, 386-387, 1997-Ohio-52, 678 N.E.2d 541. When reviewing a claim that
the judgment was against the manifest weight of the evidence, we review the entire
record, weigh both the evidence and all the 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. Id. Therefore, an appellate court will
overturn a conviction due to the manifest weight of the evidence only in extraordinary
circumstances to correct a manifest miscarriage of justice, and only when the evidence
presented at trial weighs heavily in favor of acquittal. Id. at 387.
{¶5} Juhan was convicted of domestic violence in violation of R.C. 2919.25(A),
which states: “[n]o person shall knowingly cause or attempt to cause physical harm to a
family or household member.”
{¶6} The following evidence was adduced at trial.
{¶7} LaTonya Hamerter (“Hamerter”) testified that she and Juhan began dating
in July 2010 and he began living with her in November 2010. Juhan’s mother also lived
with the couple in Hamerter’s apartment. On February 26, 2011, Juhan threatened to kill
Hamerter. Shortly after midnight, he began punching Hamerter in the face, dragging her
across the apartment, threatening her with a knife, and choking her. She testified that he
hit her with numerous household items, including a pitcher, a surge protector, and a
speaker. Hamerter testified that for the two days following the attack, Juhan did not
leave her unattended and refused to allow her to leave or make any phone calls. She
testified that her first opportunity to call 911 was when Juhan left her unattended to go to
the bank. She concluded her testimony by confirming that the photos admitted as
evidence depicted her injuries.
{¶8} Officer Roland Brown testified that when he arrived at Hamerter’s
apartment, she was visibly bruised and upset. Sgt. Mark Sheppard testified that he
photographed Hamerter’s injuries. Detective Cynthia Oliver (“Oliver”) testified that
Hamerter was visibly upset and traumatized while being interviewed. Oliver also
testified that she observed the injuries to Hamerter’s face.
{¶9} Juhan testified on his own behalf and denied any responsibility for
Hamerter’s injuries. He testified that he picked her up on February 27 after her
appointment downtown, and she appeared then to have been in a fight. He denied ever
striking her.
{¶10} Juhan argues that Hamerter lacks credibility. “In reaching its verdict, the
jury is free to believe all, part, or none of the testimony of each witness.” State v.
Jackson, 86 Ohio App.3d 29, 33, 619 N.E.2d 1135 (4th Dist.1993). Furthermore, “[t]he
weight to be given the evidence and the credibility of the witness[es] are primarily for the
trier of the facts.” State v. Richey, 64 Ohio St.3d 353, 363, 595 N.E.2d 915 (1992).
{¶11} In reviewing a claim challenging the manifest weight of the evidence, the
question to be answered is whether “‘there is substantial evidence upon which a jury
could reasonably conclude that all the elements have been proved beyond a reasonable
doubt.’” (Emphasis in original and citations omitted.) State v. Leonard, 104 Ohio St.3d
54, 2004-Ohio-6235, 81 N.E.2d 229, ¶ 81. Here, the jury could have reasonably
concluded from Hamerter’s testimony and the photographic evidence, as well as the
testimony of the responding police officers, that Juhan committed domestic violence.
Therefore, we cannot say that the jury clearly lost its way and created a manifest
miscarriage of justice in convicting Juhan of domestic violence.
{¶12} Accordingly, the sole assignment of error is overruled.
{¶13} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common
pleas court to carry this judgment into execution. The defendant’s conviction having
been affirmed, any bail pending appeal is terminated. Case remanded to the trial court
for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
______________________________________________
COLLEEN CONWAY COONEY, JUDGE
PATRICIA ANN BLACKMON, A.J., and
MARY EILEEN KILBANE, J., CONCUR