State v. Stevens ( 2022 )


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  • [Cite as State v. Stevens, 
    2022-Ohio-4804
    .]
    COURT OF APPEALS
    FAIRFIELD COUNTY, OHIO
    FIFTH APPELLATE DISTRICT
    STATE OF OHIO                                  JUDGES:
    Hon. William B. Hoffman, P.J.
    Plaintiff-Appellee                     Hon. John W. Wise, J.
    Hon. Patricia A. Delaney, J.
    -vs-
    Case No. 2021 CA 00031
    JOSEPH H. STEVENS
    Defendant-Appellant                   OPINION
    CHARACTER OF PROCEEDINGS:                      Appeal from the Fairfield County Court of
    Common Pleas, Case No. 2020 CR 00555
    JUDGMENT:                                      Affirmed
    DATE OF JUDGMENT ENTRY:                        December 29, 2022
    APPEARANCES:
    For Plaintiff-Appellee                         For Defendant-Appellant
    R. KYLE WITT                                   BRIAN A. SMITH
    Fairfield County Prosecuting Attorney          123 South Miller Road – Suite #250
    Fairlawn, Ohio 44333
    DARCY T. COOK
    Assistant Prosecuting Attorney
    239 West Main Street – Suite #101
    Lancaster, Ohio 43130
    Fairfield County, Case No. 2021 CA 00031                                                               2
    Hoffman, P.J.
    {¶1}    Defendant-appellant Joseph Stevens appeals his conviction and sentence
    entered by the Fairfield County Court of Common Pleas on one count of aggravated
    burglary, following a jury trial. Plaintiff-appellee is the state of Ohio.
    STATEMENT OF THE CASE AND FACTS1
    {¶2}    On November 15, 2020, Appellant was arrested and held on the charges in
    this case as well as Fairfield County Municipal Court Case Nos. 20CRB1627 and
    20CRB1658. The following day, Appellant was released on a recognizance bond in
    Fairfield County Municipal Court Case No. 20CRB1627. Appellant filed a motion to
    modify bond, a motion for discovery and motion for notice of intention to use evidence,
    and a motion for bill of particulars on November 18, 2020. Appellant was released on a
    recognizance bond in Fairfield County Municipal Court Case No. 20CRB1658, on
    November 24, 2020.
    {¶3}    On November 25, 2020, the Fairfield County Grand Jury indicted Appellant
    on one count of aggravated burglary, in violation of R.C. 2911.11(A)(1) and (B), a felony
    of the first degree; one count of aggravated burglary, in violation of R.C. 2911.11 (A)(2)
    and (B), a felony of the first degree2; one count of aggravated robbery, in violation of R.C.
    2911.01(A)(1) and (C), a felony of the first degree; and one count of domestic violence,
    in violation of R.C. 2919.25(C) and (D)(2), a fourth degree misdemeanor.3                        At his
    arraignment on December 8, 2020, Appellant entered a plea of not guilty to the indictment.
    The trial court conducted a bond hearing on December 15, 2020. Appellant filed a notice
    1
    Any additional facts relevant to our disposition to Appellant’s assignments of error shall be contained
    therein.
    2 This count involved the incident which occurred on November 13, 2020.
    3 These counts involved the incident which occurred on November 14, 2020, at the same residence.
    Fairfield County, Case No. 2021 CA 00031                                                  3
    of alibi on December 16, 2020. Via Entry filed December 17, 2020, the trial court modified
    Appellant’s bond to $30,000 cash, surety, or 10% plus a $5,000 recognizance bond.
    {¶4}   The trial court schedule the matter for jury trial on February 9, 2021.
    Appellant filed a motion for continuance on February 5, 2021, which the trial court granted
    on the same day. The trial court rescheduled the jury trial for March 30, 2021. The state
    filed a motion for continuance on March 17, 2021, setting forth three reasons for the
    request, to wit: a Lancaster Police Officer, who was expected to be a witness for the state,
    had a previously scheduled vacation; the assistant prosecutor assigned to the case also
    had a previously scheduled vacation; and the state was waiting the results from the
    extraction of Appellant’s cell phone which had recently been seized via search warrant.
    The trial court granted the motion, finding the speedy trial time was tolled because the
    motion was reasonable and necessary. The trial court rescheduled the trial for May 25,
    2021.
    {¶5}   On May 19, 2021, Appellant filed a motion to reduce bond, which the trial
    court overruled via Entry filed June 16, 2021. Also, on May 19, 2021, Appellant filed a
    motion to continue jury trial/motion to have time counted against state. Therein, Appellant
    explained the continuance was necessary as he had not yet received his cell phone or
    the cell phone contents from the state. Appellant asserted the delay was due to the state’s
    actions; therefore, the time should be counted against the state, not Appellant. The state
    filed a memorandum contra Appellant’s motion to have time counted against the state.
    The trial court continued the trial to August 24, 2021, and scheduled a non-oral hearing
    on Appellant’s motion to have time counted against the state and the state’s
    memorandum contra. Via Entry filed June 16, 2021, the trial court overruled Appellant’s
    Fairfield County, Case No. 2021 CA 00031                                                  4
    motion. The trial court noted probable cause was previously found for the issuance of a
    search warrant relative to Appellant’s cell phone and the contents thereof. The trial court
    found:
    There is thus a reasonable, substantiated basis for the State to
    conduct an analysis of the evidence. Moreover, there is an independent
    duty, based on [Appellant’s] Constitutional right to due process, upon the
    State to produce evidence which it knows to be exculpatory. The State
    would not be living up to its obligation to do so, without an analysis of the
    evidence.   Further, if the State were to proceed to trial without such
    evidence being analyzed and revealed and if a conviction were to be
    obtained, then a reversal of the conviction could occur.
    Moreover, the Court determines that O.R.C. 2945.72(H) applies in
    this situation. The Court finds that the need for a continuance of this matter
    – to provide for time for analysis of evidence – is reasonable.
    June 16, 2021 Entry at 1-2, unpaginated.
    {¶6}   On August 23, 2021, Appellant filed a motion to dismiss for statutory and/or
    constitutional speedy trial rights and a motion in limine. On the same day, the state filed
    a written request for order of immunity to “B.R.,” whom the state intended to call as a
    witness regarding the events which occurred during the early morning hours of November
    14, 2020. On August 24, 2021, the state filed a memo contra Appellant’s motion to
    dismiss and a memo contra Appellant’s motion in limine. The state filed a motion to quash
    Fairfield County, Case No. 2021 CA 00031                                                 5
    the subpoenas Appellant issued to Fairfield County Juvenile Court and Fairfield County
    Department of Child Protective Services for records relative to Hurst.
    {¶7}    Prior to the commencement of trial on August 24, 2021, the trial court
    overruled Appellant’s motion to dismiss. The trial court addressed the motion to quash,
    indicating its intention to conduct an in-camera review of the records and issue a decision
    prior to the use of such during trial. The trial court subsequently advised the parties it
    would not release the records of the Fairfield County Juvenile Court and Fairfield County
    Department of Child Protective Services and placed the records under seal for this Court
    to review.
    {¶8}    The following evidence was adduced at trial.
    {¶9}    Lancaster Police Officer Cody Callihan was working the 11 p.m. to 7 a.m.
    shift on November 13, 2020, when he and Officer Roxx Williams responded to a
    disturbance call at 324 South Broad Street, Apartment B, in Lancaster, Fairfield County,
    Ohio. Officer Callihan responded to two calls to the residence, one before midnight on
    November 13, 2020, and the second between 2:00 a.m. and 3:00 a.m. on the morning of
    November 14, 2020. When he and Officer Williams arrived in response to the first call,
    Officers Callihan and Williams observed the outer pane of the window of the front door
    had been shattered. The officers made contact with Amanda Hurst, the resident, and
    Shane Moneymaker. Hurst advised Officer Callihan Appellant had entered the residence
    without permission, yelling at her to give him his belongings. The officers were aware
    Hurst had a protection order against Appellant, which was issued in February, 2020, and
    named herself and her and Appellant’s daughter as the protected parties.
    Fairfield County, Case No. 2021 CA 00031                                                6
    {¶10} Moneymaker, who was visiting Hurst, was upstairs using the bathroom
    when he heard a commotion. As he descended the stairs, Appellant called to him, “come
    here, Bitch,” and began to physically assault him on the stairwell. Hurst screamed at
    Appellant to leave or she would call the police. Appellant left, telling Hurst he would be
    back for her. Officer Williams photographed Moneymaker’s injuries and the scene.
    Callihan identified the photographs, which depicted three lacerations on Moneymaker’s
    face, teeth impressions and an injury on the back of his neck, bite marks on his arm, and
    injury to his right hand. Hurst and Moneymaker provided the officers with a description
    of Appellant’s vehicle. Officers Callihan and Williams proceeded to Appellant’s residence
    at 320 Washington Avenue in an attempt to locate him. The officers surveyed the area,
    but did not find Appellant or his vehicle.      Officer Callihan returned to the police
    department.
    {¶11} At 2:54 a.m. on the morning of November 14, 2020, Officer Callihan was
    again dispatched to Hurst’s residence. Officer Ray Hambel and Lieutenant Poffenbarger
    were at the scene when Officer Callihan arrived. Sergeant Eggleston arrived soon
    thereafter. Hurst, Moneymaker, Cynthia Rager, Hurst’s mother, and Tayvia Beck, a
    neighbor, were at the residence when the officers arrived. They all identified Appellant
    as the suspect. Officer Callihan learned Appellant had returned to the residence with an
    individual named Brandon Reed. Appellant shattered the window of the downstairs
    bathroom. Thereafter, Appellant, brandishing a knife, entered through the front door.
    Appellant grabbed Hurst, held the knife to her neck, and threatened her. Reed entered
    the residence by throwing a brick through the back door. As Appellant was leaving the
    residence, he grabbed a bag belonging to Rager.
    Fairfield County, Case No. 2021 CA 00031                                                 7
    {¶12} After hearing all the evidence and deliberating, the jury found Appellant
    guilty of count one of the indictment, aggravated burglary, and acquitted him of count two
    (aggravated burglary), count three (aggravated robbery), and count four (domestic
    violence). The trial court conducted a sentencing hearing on September 13, 2021, and
    ordered Appellant to serve an indefinite period of incarceration of 4 to 6 years. The trial
    court credited Appellant with 299 days served.
    {¶13} It is from his conviction and sentence Appellant appeals, raising the
    following assignments of error:
    I. THE TRIAL COURT ERRED IN DENYING APPELLANT’S
    MOTION TO DISMISS ON SPEEDY TRIAL GROUNDS, IN VIOLATION OF
    APPELLANT’S RIGHT TO A SPEEDY TRIAL UNDER THE SIXTH AND
    FOURTEENTH         AMENDMENTS           TO     THE     UNITED      STATES
    CONSTITUTION AND ARTICLE I, SECTION 10 OF THE OHIO
    CONSTITUTION.
    II. APPELLANT’S CONVICTION FOR AGGRAVATED BURGLARY
    WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
    III. THE TRIAL COURT ABUSED ITS DISCRETION IN GRANTING
    IMMUNITY TO BRANDON REED PURSUANT TO R.C. 2945.44.
    IV. THE TRIAL COURT’S DECISION TO DENY APPELLANT’S
    REQUEST TO VIEW RECORDS FROM THE FAIRFIELD COUNTY
    JUVENILE COURT AND FAIRFIELD COUNTY CHILD PROTECTIVE
    SERVICES, INCLUDING, BUT NOT LIMITED TO, DRUG TESTING
    Fairfield County, Case No. 2021 CA 00031                                               8
    RECORDS, RELATING TO AMANDA HURST, WAS AN ABUSE OF
    DISCRETION.
    V. THE TRIAL COURT’S DECISION TO EXCLUDE RECORDS
    FROM THE FAIRFIELD COUNTY JUVENILE COURT AND FAIRFIELD
    COUNTY CHILD PROTECTIVE SERVICES, INCLUDING, BUT NOT
    LIMITED TO, DRUG TESTING RECORDS, RELATING TO AMANDA
    HURST, WAS AN ABUSE OF DISCRETION.
    VI. R.C. 2967.171, ALSO KNOWN AS THE “REAGAN TOKES ACT,”
    WHICH ALLOWS THE OHIO DEPARTMENT OF REHABILITATION AND
    CORRECTIONS          TO    UNILATERALLY         EXTEND       APPELLANT’S
    SENTENCE, IS UNCONSTITUTIONAL UNDER BOTH THE UNITED
    STATES CONSTITUTION, ARTS. I, II, AND III, AND AMENDS. V, VI AND
    XIV, AND THE OHIO CONSTITUTION, ART. I, SEC. 10, AND ART. IV,
    SEC. 1 AND 3(B)(2).
    I
    {¶14} In his first assignment of error, Appellant asserts the trial court erred in
    denying his motion to dismiss on speedy trial grounds. We disagree.
    {¶15} R.C. 2945.71(C)(2) requires “[a] person against whom a charge of felony is
    pending * * * be brought to trial within two hundred seventy days after his arrest.” R.C.
    2945.71(E) provides “each day during which the accused is held in jail in lieu of bail on
    the pending charge shall be counted as three days.” “The statutory speedy trial period
    begins to run on the date the defendant has been arrested; however, the date of arrest is
    Fairfield County, Case No. 2021 CA 00031                                                      9
    not counted when calculating speedy trial time.” State v. Geraci, 8th Dist. Cuyahoga Nos.
    101946 and 101947, 
    2015-Ohio-2699
    , 
    2015 WL 4043007
    , ¶ 21.
    {¶16} Appellant was arrested on November 15, 2020, and was held in the Fairfield
    County Jail until his trial on August 24, 2021. Thus, it would appear Appellant was not
    brought to trial within the time limits set forth in R.C. 2945.71(C).
    {¶17} A defendant establishes a prima facie case for discharge once he/she
    demonstrates he/she has not been brought for trial within the time limits set forth in R.C.
    2945.71. State v. Ashbrook, 5th Dist. Licking No. 06 CA 158, 
    2007-Ohio-4635
    , 
    2007 WL 2582869
    , ¶ 49, citing State v. Butcher, 
    27 Ohio St.3d 28
    , 30–31, 
    500 N.E.2d 1368
     (1986).
    When a defendant has established he was tried outside speedy-trial time limits, the
    burden shifts to the state to show the time limit was extended under R.C. 2945.72. Id. at
    ¶ 31. If the state fails to produce evidence in rebuttal under R.C. 2945.72, then discharge
    pursuant to R.C. 2945.73(B) is required. Id.
    {¶18} “When reviewing a speedy-trial issue, an appellate court must calculate the
    number of days chargeable to either party and determine whether the appellant was
    properly brought to trial within the time limits set forth in R.C. 2945.71.” State v. Riley, 
    162 Ohio App.3d 730
    , 
    2005-Ohio-4337
    , 
    834 N.E.2d 887
    , ¶ 19.
    {¶19} R.C. 2945.72, which sets forth the provisions tolling the speedy trial
    parameters, provides, in pertinent part:
    The time within which an accused must be brought to trial, or, in the
    case of felony, to preliminary hearing and trial, may be extended only by the
    following:
    Fairfield County, Case No. 2021 CA 00031                                                10
    Any period during which the accused is unavailable for hearing or
    trial, by reason of other criminal proceedings against him, within or outside
    the state, by reason of his confinement in another state, or by reason of the
    pendency of extradition proceedings, provided that the prosecution
    exercises reasonable diligence to secure his availability;
    Any period during which the accused is mentally incompetent to
    stand trial or during which his mental competence to stand trial is being
    determined, or any period during which the accused is physically incapable
    of standing trial;
    **
    (E) Any period of delay necessitated by reason of a plea in bar or
    abatement, motion, proceeding, or action made or instituted by the accused;
    **
    (G) Any period during which trial is stayed pursuant to an express
    statutory requirement, or pursuant to an order of another court competent
    to issue such order;
    (H) The period of any continuance granted on the accused's own
    motion, and the period of any reasonable continuance granted other than
    upon the accused's own motion * * *
    {¶20} Appellant was initially arrested and held in custody on November 15, 2020.
    The first day of arrest is not included in the speedy trial calculation State v. Adams, 
    144 Ohio St.3d 429
    , 
    45 N.E.3d 127
    , 2015–Ohio–3954. “The statutory time limits for speedy
    Fairfield County, Case No. 2021 CA 00031                                                     11
    trial begin to run on the day after the date of arrest or service of summons.” State v.
    Mathias, 5th Dist. Morrow No. 2020CA0001, 
    2021-Ohio-423
    , 
    2021 WL 597705
    , ¶ 51
    (Citations omitted). As such, Appellant’s speedy trial time commenced on November 16,
    2020.
    {¶21} Appellant filed a motion to modify bond, a motion for discovery and motion
    for notice of intention to use evidence, and a motion for bill of particulars on November
    18, 2020. The filing of the motion for bond modification tolls the running of speedy trial
    time. State v. Rouse, 5th Dist. Tuscarawas No. 2007 AP 12 0078, 
    2008-Ohio-5891
    , ¶¶
    20-21. Likewise, “[a] defendant's demand for discovery tolls the speedy trial time until the
    state responds to the discovery, or for a reasonable time.” State v. Heatherington, 5th Dist.
    Richland No. 2021CA0021, 
    2022-Ohio-1375
    , ¶ 49, citing State v. Shabazz, 8th Dist.
    Cuyahoga No. 95021, 
    2011-Ohio-2260
    , ¶ 26, 31; R.C. § 2945.72(E).
    {¶22} During the period between November 15, 2020, and November 17, 2020,
    six (6) days are chargeable to the state (2 times 3). As stated, supra, the first day of arrest,
    November 15, 2020, is not included in the speedy trial calculation. Adams, supra.
    {¶23} Appellant concedes the time between his discovery request and motion to
    modify bond (November 18, 2020) and the state's initial compliance (January 7, 2021)
    was tolled. See, Appellant’s Brief at 8. The speedy trial clock began to run again on
    January 8, 2021. Appellant filed a motion to continue on February 5, 2021. Twenty-eight
    (28) days elapsed between January 8, 2021, and February 4, 2021. The state is charged
    with a total of 84 days for speedy trial purposes (28 times 3). The trial court rescheduled
    the trial for March 30, 2021. We find time was tolled for speedy trial purposes from
    February 5, 2021, to March 30, 2021. “[I]t is well-established that a defense motion to
    Fairfield County, Case No. 2021 CA 00031                                                     12
    continue trial tolls the speedy trial clock until the rescheduled trial date.” State v. Caulton,
    7th Dist. Mahoning No. 09 MA 140, 
    2011-Ohio-6636
    , 
    2011 WL 6778038
    , ¶ 33, citing R.C.
    2945.72(H) and State v. Brown, 7th Dist. Mahoning No. 03–MA–32, 
    2005-Ohio-2939
    ,
    
    2005 WL 1385715
    , ¶ 41.
    {¶24} The state filed a motion to continue on March 17, 2021. Appellant submits
    the period between March 17, 2021, and May 19, 2021, when he filed a motion to
    continue, should be charged to the state. The state counters its motion was reasonable
    and necessary; therefore, the speedy trial time should be tolled pursuant to R.C.
    2945.72(H).
    {¶25} Pursuant to R.C. 2945.72(H), continuances granted on the state's motion
    will toll the running of speedy trial time if the continuance is reasonable and necessary
    under the circumstances of the case. State v. Saffell, 
    35 Ohio St.3d 90
    , 91, 
    518 N.E.2d 934
     (1988). The record must affirmatively demonstrate the continuance was reasonable
    and necessary. 
    Id.
     A continuance must be journalized before the expiration of the time
    limit specified in R.C. 2945.71. State v. King, 
    70 Ohio St.3d 158
    , 
    1994-Ohio-412
    , 162,
    
    637 N.E.2d 903
    , citing State v. Mincy, 
    2 Ohio St.3d 6
    , 
    441 N.E.2d 571
     (1982), syllabus.
    The reasonableness of a continuance is determined by examining the purpose and length
    of the continuance as specified in the record. State v. Lee, 
    48 Ohio St.2d 208
    , 210, 
    357 N.E.2d 1095
     (1976). The reasonableness of a continuance must be reviewed on a case
    by case basis. See, Saffell, supra., at 91.
    {¶26} The state set forth three grounds in support of its position its March 17, 2021
    motion for continuance was reasonable and necessary: 1. The unavailability of Lancaster
    Police Officer Cook due to a scheduled vacation; 2. the unavailability of the prosecutor
    Fairfield County, Case No. 2021 CA 00031                                                13
    due to a scheduled vacation; and 3. the analysis of Appellant’s cell phone, which he
    asserted was necessary for his defense, had not been completed.
    {¶27} In Saffell, supra, the Ohio Supreme Court held a continuance based on the
    fact the arresting officer would be on vacation at the time of trial was not unreasonable.
    Id. at 92. See also, State v. Williamson, 5th Dist. Licking No. 2005 CA 00046, 2005-Ohio-
    6198, ¶ 35 (“A continuance based upon the fact the arresting officer is unavailable at the
    time of trial is not unreasonable”). In its March 19, 2021 Entry of Continuance, the trial
    court found the state's motion for continuance was reasonable and necessary. We agree;
    therefore, we find the state’s motion tolled the running of speedy trial time under R.C.
    2945.72(H). Further, the trial court journalized the continuance before the expiration of
    the time limit specified in R.C. 2945.71.
    {¶28} In addition, we also find the state’s motion for continuance was reasonable
    and necessary given the analysis of Appellant’s cell phone had not been completed. In
    a motion filed February 16, 2021, Appellant requested the trial court issue an order to the
    Fairfield County Sherriff’s Office to release his cell phone as the information contained
    therein was “needed to aid in the defense of this matter.” Motion for Release of Cell
    Phone from FCSO. In response, on February 22, 2021, the state obtained a search
    warrant for the cell phone and sent the cell phone to the Bureau of Criminal Investigation
    for analysis.
    {¶29} Accordingly, we find the period between March 17, 2021, and May 19, 2021,
    when Appellant filed another motion to continue, was properly tolled. Assuming,
    arguendo, the tolling of the speedy trial time due to the state’s motion to continue was
    unreasonable, we find March 17, 2021, is not the appropriate date on which to restart the
    Fairfield County, Case No. 2021 CA 00031                                                14
    speedy trial clock. Upon Appellant’s own motion to continue, the trial was rescheduled
    for March 30, 2021. The state filed its motion to continue during the tolled period. Even
    in the absence of the state’s motion to continue, only 50 days elapsed between March
    30, 2021, and May 19, 2021, when Appellant filed additional motions. At most, the state
    would have been charged with 150 days for speedy trial purposes (50 times 3).
    {¶30} On May 19, 2021, Appellant filed a motion to reduce bond. The trial court
    overruled the motion on June 16, 2021. As stated, supra, the filing of the motion for bond
    modification tolls the running of speedy trial time. State v. Rouse, 
    supra.
    {¶31} Also, on May 19, 2021, Appellant filed a motion to continue jury trial/motion
    to have time counted against state. Appellant maintained the time should be counted
    against the state as he had not yet received his cell phone or the cell phone contents from
    the state. The state filed a memorandum contra Appellant’s motion to have time counted
    against the state. The trial court continued the trial to August 24, 2021. The trial court
    overruled Appellant’s motion to have time counted against the state on June 16, 2021.
    The trial court noted probable cause was previously found for the issuance of a search
    warrant relative to Appellant’s cell phone and the contents thereof.
    {¶32} The period between Appellant’s filing of his motion reduce bond, and his
    motion to continue and to have time counted against state (May 19, 2021) and the trial
    court’s ruling thereon (June 16, 2021) tolled the running of the speedy trial time. Once
    the trial court determined the time should not be counted against the state, the speedy
    trial time was tolled until August 24, 2021, the rescheduled trial date.
    {¶33} We find 240 days of Appellant’s speedy trial time elapsed:
    {¶34} November 16, 2020 – November 17, 2020 6 days (2 times 3)
    Fairfield County, Case No. 2021 CA 00031                                                  15
    {¶35} January 8, 2021 – February 4, 2021 84 days (28 times 3)
    {¶36} March 30, 2021 – May 19, 2021 150 days (50 times 3 – assuming,
    arguendo, the continuance at the state’s request was unreasonable)
    {¶37} Total 240 days (at most).
    {¶38} Based upon the foregoing, we overruled Appellant’s first assignment of
    error.
    II
    {¶39} In his second assignment of error, Appellant challenges his conviction for
    aggravated burglary in Count One as against the manifest weight of the evidence.
    {¶40} In determining whether a verdict is against the manifest weight of the
    evidence, the appellate court acts as a thirteenth juror and “in reviewing the entire record,
    weighs the evidence and all reasonable inferences, considers the credibility of witnesses,
    and determines whether in resolving conflicts in 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. Thompkins, 
    78 Ohio St. 3d 380
    , 387, 
    678 N.E.2d 541
    ,
    quoting State v. Martin, 
    20 Ohio App. 3d 172
    , 175, 
    485 N.E.2d 717
     (1983).
    {¶41} Appellant was convicted of Count One of the indictment, aggravated
    burglary, in violation of R.C. 2911.11(A)(1) and (B). R.C. 2911.11 provides, in relevant
    part:
    No person, by force, stealth, or deception, shall trespass in an
    occupied structure or in a separately secured or separately occupied portion
    of an occupied structure, when another person other than an accomplice of
    Fairfield County, Case No. 2021 CA 00031                                                  16
    the offender is present, with purpose to commit in the structure or in the
    separately secured or separately occupied portion of the structure any
    criminal offense, if any of the following apply:
    The offender inflicts, or attempts or threatens to inflict physical harm
    on another;
    **
    Whoever violates this section is guilty of aggravated burglary, a
    felony of the first degree.
    {¶42} Appellant asserts, “the testimony of the State’s alleged eyewitnesses –
    Hurst, Rager, Beck, and Moneymaker – was not credible.” Brief of Appellant at 13.
    Appellant adds the testimony of the eyewitnesses contained a number of contradictions
    and “[m]any of the statements the State’s witnesses made were either illogical or
    completely contradictory to one another.”           Id. at 15.      Appellant submits “[t]he
    inconsistencies in the testimony of the State’s alleged eyewitnesses show that these four
    witnesses were not credible” and “[t]he effect of their inconsistent testimony was to detract
    from their own credibility and, in turn, bolster that of [Appellant].” Id. at 16.
    {¶43} Upon review of the evidence as set forth in our Statement of the Case and
    Facts, set forth supra, as well as the testimony presented at trial, we find Appellant's
    conviction was not against the manifest weight of the evidence.
    {¶44} Count one of the indictment charged Appellant with aggravated burglary as
    follows:
    Fairfield County, Case No. 2021 CA 00031                                               17
    On or about November 13, 2020, at the County of Fairfield, State of
    Ohio or venue being properly placed there pursuant to 2901.12(H),
    aforesaid, Joseph H. Stevens, unlawfully did, by force, stealth, or deception,
    trespass, as defined in section 2911.21(A)(1) of the Revised Code, in an
    occupied structure or in a separately secured or separately occupied portion
    of an occupied structure, when S.M., a person other than the accomplice,
    was present, with purpose to commit in the structure or in the separately
    secured or separately occupied portion of the structure any criminal offense,
    to wit: Assault and/or Violation of a Protection Order, O.R.C. 2903.12 and/or
    2919.27, and the offender inflicted, or attempted or threatened to inflict
    physical harm on S.M. in violation of 2911.11(A)(1), 2911.11(B) of the Ohio
    Revised Code.
    November 25, 2020 Indictment.
    {¶45} Amanda Hurst testified in February, 2020, she sought and received a
    protection order against Appellant, which remained in effect at the time of the incident.
    Any contact between Hurst and Appellant relating to their daughter was to be through
    Hurst’s mother, Rager.    On the evening of November 13, 2020, Hurst and Shane
    Moneymaker were at her residence when Hurst heard a consistent rumbling noise, which
    she believed was coming from one of the neighbors. When Hurst walked toward the foyer
    to investigate the noise, she observed Appellant who had broken the glass on the storm
    door. Appellant was yelling at Hurst to give him his “stuff.” Tr., Vol. II at 258. Hurst
    indicated Appellant did not have any belongings at her residence and did not have her
    Fairfield County, Case No. 2021 CA 00031                                                  18
    permission to leave belongings there. Appellant walked past Hurst despite her telling him
    he was not welcome to be in her home. Hurst then described the altercation between
    Appellant and Moneymaker. Hurst continued to demand Appellant leave, finally calling
    the police.
    {¶46} Moneymaker testified, he visited Hurst on the evening of November 13,
    2020. While he was upstairs taking a shower, he heard glass breaking and Hurst
    screaming. As he descended the stairs, he observed Appellant “bursting through the front
    door into the dining room.” Tr. Vol. III at 536-537. Appellant “jumped off the bottom step
    [of the staircase] before the landing and struck [Moneymaker] in the face over the top of
    the bannister.” Id. at 538. Thereafter, a physical altercation ensued between Appellant
    and Moneymaker. Appellant scratched Moneymaker’s face and bit Moneymaker’s arm
    and the back of his neck. When Officers Callihan and Williams arrived at the scene,
    Officer Williams photographed Moneymaker’s injuries and the damage Appellant caused
    to the residence. Officer Callihan, Hurst, and Moneymaker identified the photographs at
    trial.
    {¶47} The jury was free to accept or reject any or all of the evidence offered by
    the parties and assess the witnesses’ credibility. Indeed, the jurors need not believe all of
    a witness’ testimony, but may accept only portions of it as true. State v. McGregor, 5th
    Dist. Ashland No. 15-COA-023, 
    2016-Ohio-3082
    , 
    2016 WL 294299
    . The jury clearly
    believed the testimony of the Hurst and Moneymaker as to count one of the indictment.
    {¶48} Based upon the foregoing and the entire record in this matter, we find
    Appellant's conviction was not against the manifest weight of the evidence.
    {¶49} Appellant’s second assignment of error is overruled.
    Fairfield County, Case No. 2021 CA 00031                                                 19
    III
    {¶50} In his third assignment of error, Appellant maintains the trial court abused
    its discretion in granting immunity to Brandon Reed, one of the state’s witnesses.
    {¶51} Reed testified regarding his involvement with Appellant during the second
    incident which occurred between 2 and 3 a.m. on November 14, 2020, and which gave
    rise to counts 2, 3, and 4 of the indictment.
    {¶52} Because the jury acquitted Appellant of counts 2, 3, and 4, we find Appellant
    was not prejudiced by the trial court granting immunity to Reed.
    {¶53} Appellant’s third assignment of error is overruled.
    IV, V
    {¶54} In his fourth assignment of error, Appellant argues the trial court abused its
    discretion in denying his request to view records from the Fairfield County Juvenile Court
    and Fairfield County Child Protective Services relating to Amanda Hurst. In his fifth
    assignment of error, Appellant contends the trial court abused its discretion in excluding
    the same records from evidence.
    {¶55} We note juvenile court and children services agency records are
    confidential. R.C. 2151.14; R.C. 5153.17; R.C. 2151.421; Juv.R. 27, 32, and 37; State ex
    rel. Clough v. Franklin Cy. Children Servs., 
    144 Ohio St.3d 83
    , 
    2015-Ohio-3425
    , 
    40 N.E.3d 1132
    , ¶1. The exceptions to confidentially are narrow and the burden is on the
    requester to show good cause. Id. at ¶ 25. “ ‘Good cause’ is defined as that which is in
    the best interest of the child.” Conrad v. Richland Cty. Children Serv., 5th Dist. Richland
    No. 
    2012-Ohio-3871
    , ¶ 18. (Citation omitted). “The good cause show must outweigh the
    considerations underlying the confidentiality requirement.” Clough, 
    supra at ¶ 25
    . (Citation
    Fairfield County, Case No. 2021 CA 00031                                                 20
    omitted). This Court has adopted the good cause standard when an individual request
    the records of a children services agency. Conrad, 
    supra at ¶19
    . This Court has expressly
    rejected the assertion of criminal defendant is simply entitled to such records. State v.
    Dixon, Richland App. No. 03 AP 75, 
    2004-Ohio-3940
    , ¶ 10-12.
    {¶56} Appellant sought these records and the introduction thereof to raise doubts
    in the minds of the jurors as to the credibility of Hurst, Rager, and Moneymaker. We have
    reviewed the records sealed by the trial court following its in camera review and conclude
    the trial court did not abuse its discretion in excluding them. Assuming, arguendo, the
    trial court erred in excluding the records, we find such error was harmless. Appellant was
    acquitted of counts two, three, and four of the Indictment.            Additionally, we find
    Moneymaker’s testimony alone was sufficient to find Appellant guilty of count one.
    {¶57} Appellant’s fourth and fifth assignments of error are overruled.
    VI
    {¶58} In his final assignment of error, Appellant submits the Reagan Tokes Act is
    unconstitutional, as it violates separation of powers and his right to trial by jury.
    {¶59} For the reasons stated in this Court's opinion in State v. Householder, 5th
    Dist. Muskingum No. CT2021-0026, 
    2022-Ohio-1542
    , we find the Reagan Tokes act is
    constitutional.
    {¶60} Appellant’s sixth assignment of error is overruled.
    Fairfield County, Case No. 2021 CA 00031                                          21
    {¶61} The judgment of the Fairfield County Court of Common Pleas is affirmed.
    By: Hoffman, P.J.
    Wise, John, J. and
    Delaney, J. concur