State v. Sepulveda , 2023 Ohio 3429 ( 2023 )

[Cite as State v. Sepulveda, 2023-Ohio-3429.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
AUGLAIZE COUNTY
STATE OF OHIO,
PLAINTIFF-APPELLEE, CASE NO. 2-23-06
v.
VERONICA SEPULVEDA, OPINION
DEFENDANT-APPELLANT.
Appeal from Auglaize County Municipal Court
Trial Court No. 2022 CRB 00371
Judgment Affirmed
Date of Decision: September 25, 2023
APPEARANCES:
Nick A. Catania for Appellant
Reed D. Searcy for Appellee
Case No. 2-23-06
WALDICK, J.
{¶1} Defendant-appellant, Veronica Sepulveda (“Sepulveda”), brings this
appeal from the April 18, 2023, judgment of the Auglaize County Municipal Court
sentencing her to 90 days in jail, with 60 days suspended, after Sepulveda was
convicted by a jury of Resisting Arrest in violation of R.C. 2921.33(A).
Background
{¶2} On June 21, 2022, Sepulveda was charged with Obstructing Official
Business in violation of R.C. 2921.31(A), and Resisting Arrest in violation of R.C.
2921.33(A). Sepulveda pled not guilty to the charges and proceeded to a jury trial.
The jury convicted Sepulveda of Resisting Arrest as charged, but acquitted her of
Obstructing Official Business.
{¶3} On April 18, 2023, Sepulveda was placed on community control for two
years, and she was sentenced to 90 days in jail, with 60 days suspended. A judgment
entry memorializing Sepulveda’s sentence was filed that same day. It is from this
judgment that Sepulveda appeals, asserting the following assignments of error for
our review.
First Assignment of Error
The Trial Court’s decision finding the appellant guilty was
against the manifest weight of the evidence.
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Second Assignment of Error
The trial court erred in not granting the defendant’s motion for
acquittal, pursuant to Criminal Rule 29, in that the evidence of
the State of Ohio was insufficient for the matter to have been
submitted to the jury.
Third Assignment or Error
The trial court erred in allowing the admission of the medical
photos of Lt. Place’s injured finger.
{¶4} Due to the nature of the discussion, we elect to address the assignments
of error out of the order in which they were raised.
Second Assignment of Error
{¶5} In her second assignment of error, Sepulveda argues that the trial court
erred by denying her Crim.R. 29 motion for acquittal on the Resisting Arrest charge.
Standard of Review
{¶6} A Crim.R. 29 motion for acquittal tests the sufficiency of the evidence.
State v. North, 3d Dist. Seneca No. 13-15-16, 2015-Ohio-4526, ¶ 5. “Whether the
evidence is legally sufficient to sustain a verdict is a question of law.” State v.
Thompkins, 78 Ohio St.3d 380, 386 (1997); State v. Groce, 163 Ohio St.3d 387,
2020-Ohio-6671, ¶ 6. Therefore, our review is de novo. In re J.V., 134 Ohio St.3d
1, 2012-Ohio-4961, ¶ 3. In a sufficiency-of-the-evidence inquiry, the question is
whether the evidence presented, when viewed in a light most favorable to the
prosecution, would allow any rational trier of fact to find the essential elements of
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the crime beyond a reasonable doubt. State v. Jenks, 61 Ohio St.3d 259 (1991),
paragraph two of the syllabus (superseded by constitutional amendment on other
grounds as stated in State v. Smith, 80 Ohio St.3d 89, 102, (1997), fn. 4) following
Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781 (1979). “In essence, sufficiency is
a test of adequacy.” Thompkins at 386.
Controlling Statute
{¶7} Sepulveda was convicted of Resisting Arrest in violation of R.C.
2921.33(A), which reads, “No person, recklessly or by force, shall resist or interfere
with a lawful arrest of the person or another.”
Evidence Presented by the State
{¶8} On June 19, 2022, Sepulveda fell and injured her head. As a result of
the injury, 911 was called and emergency services (“EMS”) responded from the fire
department. In addition, Lieutenant Shannon Place of the Wapakoneta police
department responded to the scene, indicating that law enforcement generally
responded to EMS calls to provide assistance.
{¶9} Once at the scene, a paramedic with the fire department made contact
with Sepulveda and determined that she had a laceration on the back of her head.
Sepulveda informed the paramedic that she had been drinking alcohol, and the
paramedic believed she was intoxicated based on his experience.1
1
On the body cam footage introduced into evidence, Sepulveda can be heard stating that she had over six
shots of whiskey.
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{¶10} The paramedic testified that he and his partner attempted to bandage
Sepulveda’s head but she pulled the bandage off. When the paramedic attempted to
reapply the bandage while Sepulveda was standing, Sepulveda fell on the ground.
{¶11} As the paramedic attempted to assist Sepulveda while she was on the
ground, Sepulveda’s boyfriend, Tyler Dunlap, interfered. Dunlap, who was also
intoxicated based on Lt. Place’s testimony, sat on the ground behind Sepulveda’s
head and was holding her, preventing EMS from treating her. EMS personnel,
Sepulveda, and Lt. Place all repeatedly asked Dunlap to step away from Sepulveda
so she could be treated. Dunlap, mostly silent, did not comply.
{¶12} At one point, Lt. Place was able to get Dunlap’s attention and she
asked him to move away from Sepulveda. In response, Dunlap glared at her “in a
manner that made [her] feel like he was going to either strike [her] or attempt to
fight.” (Tr. at 109). Dunlap continued not to move despite all those at the scene
attempting to get him to do so, including Sepulveda. Eventually Lt. Place advised
Dunlap that she was going to detain him so he could be removed from the situation.
At that point, Dunlap rapidly got up and told Lt. Place that she was not going to
detain him.
{¶13} Lt. Place told Dunlap that he was going to be placed under arrest.
Dunlap continued not to comply so Lt. Place unholstered her Taser. Lt. Place
testified, “when I unholstered my Taser I had ahold of his hand and there’s a slight
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jostling of our hands. He was able to manipulate my hand, grab mine and I felt a
pop in my left ring finger.” (Tr. at 111). Dunlap had broken Lt. Place’s ring finger
on her left hand.
{¶14} As Lt. Place was attempting to get Dunlap to comply with her orders,
Sepulveda got up off of the ground and she came between Dunlap and Lt. Place.
Sepulveda physically batted the Taser away so that it was not pointing at Dunlap.
The interaction was recorded on Lt. Place’s body camera.
{¶15} As a result of the incident, Dunlap was arrested and charged with
Assault, Resisting Arrest, and Misconduct at an Emergency. Sepulveda was charged
with Obstructing Official Business and Resisting Arrest for her role in interfering
with Dunlap’s arrest. She was convicted of Resisting Arrest.
Analysis
{¶16} In arguing that there was insufficient evidence to convict Sepulveda
of Resisting Arrest for her interference of Dunlap’s arrest, Sepulveda indicates that
we should sustain her assignment of error for the “same reasons stated” in the
assignment of error related to manifest weight. (Appt.’s Br. at 6). She makes no
separate argument under this assignment of error regarding sufficiency. Generally,
this is improper. See App.R. 12(A)(2); App.R. 16(A)(7). Nevertheless, in the
interest of justice, we will address her assignment of error pertaining to sufficiency.
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{¶17} We emphasize that in a sufficiency analysis, we are directed to look at
the evidence in the light most favorable to the State. Jenks, supra. Here, evidence
was presented that Sepulveda got between Lt. Place and Dunlap while Lt. Place was
attempting to arrest Dunlap. Sepulveda made contact with Lt. Place’s Taser and
pushed it away, changing its direction so that it was not pointed at Dunlap. A rational
trier-of-fact could find Sepulveda’s actions constituted reckless interference with
the lawful arrest of Dunlap, or that Sepulveda used force in knocking away the
Taser, interfering with the lawful arrest of Dunlap.
{¶18} In sum, after reviewing the record, we do not find that the State
presented insufficient evidence to convict Sepulveda of Resisting Arrest. Therefore,
her second assignment of error is overruled.
First Assignment of Error
{¶19} In her first assignment of error, Sepulveda argues that her conviction
for Resisting Arrest was against the manifest weight of the evidence.
Standard of Review
{¶20} In reviewing whether a verdict was against the manifest weight of the
evidence, the appellate court sits as a “thirteenth juror” and examines the conflicting
testimony. State v. Thompkins, 78 Ohio St.3d 380, 387, 1997-Ohio-52. In doing so,
this court must review the entire record, weigh the evidence and all of the reasonable
inferences, consider the credibility of witnesses and determine whether in resolving
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conflicts in the evidence, the factfinder “clearly lost its way and created such a
manifest miscarriage of justice that the conviction must be reversed and a new trial
ordered.” Id.{¶21} Nevertheless, a reviewing court must allow the trier-of-fact
appropriate discretion on matters relating to the credibility of the witnesses. State v.
DeHass, 10 Ohio St.2d 230, 231 (1967). When applying the manifest-weight
standard, “[o]nly in exceptional cases, where the evidence ‘weighs heavily against
the conviction,’ should an appellate court overturn the trial court’s judgment.” State
v. Haller, 3d Dist. Allen No. 1-11-34, 2012-Ohio-5233, ¶ 9, quoting State v. Hunter,
131 Ohio St.3d 67, 2011-Ohio-6524, ¶ 119.
Evidence Presented by the Defense
{¶22} Sepulveda testified in this matter that even on the body camera footage
it was evident that she was telling Dunlap to comply with the orders of Lt. Place.
She testified that she was not trying to impede the arrest and that she just wanted
treatment from EMS. Further, she testified that she did not see Lt. Place’s Taser,
and that she did not “jump in the middle” of an arrest. (Tr. at 165).
Analysis
{¶23} This case largely concerns credibility of the witnesses, which is the
province of the jury. DeHass at 231. Further, Lt. Place’s version of events was
supported by her body camera footage, which clearly showed Sepulveda interfering
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with the arrest of Dunlap. Thus the video evidence supported Lt. Place’s testimony
and contradicted at least some of Sepulveda’s.
{¶24} Moreover, while Sepulveda may have encouraged Dunlap to comply
with Lt. Place’s orders when Dunlap refused to move away from Sepulveda on the
ground, this did not stop Sepulveda from getting between Dunlap and Lt. Place
when the arrest was taking place shortly thereafter. Sepulveda’s action in getting
between Lt. Place and Dunlap, combined with her action moving Lt. Place’s Taser,
led to her charges in this case.
{¶25} After reviewing the evidence, we do not find that Sepulveda’s
conviction for Resisting Arrest is against the manifest weight of the evidence. This
is not a situation where the evidence weighs strongly against Sepulveda’s
conviction. Therefore, her first assignment of error is overruled.
Third Assignment of Error
{¶26} In her third assignment of error, Sepulveda argues that the trial court
erred by admitting two pictures of Lt. Place’s broken finger into evidence.
Standard of Review
{¶27} A trial court has broad discretion with respect to the admission of
evidence. State v. Conway, 109 Ohio St.3d 412, 2006-Ohio-2815, ¶ 37. Thus we
will not disturb a trial court’s evidentiary rulings absent an abuse of discretion that
produces material prejudice to the aggrieved party. State v. Gipson, 3d Dist. Allen
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No. 1-15-51, 2016-Ohio-994, ¶ 48. An abuse of discretion is more than an error of
judgment; it means that the trial court’s determination was unreasonable, arbitrary,
or unconscionable. State v. Adams, 62 Ohio St.2d 151, 157 (1980).
Analysis
{¶28} Sepulveda argues that the trial court erred by admitting two pictures
of Lt. Place’s broken finger into evidence. The first photograph is a close-up of the
back of Lt. Place’s left hand. The left ring finger has a pin in it and a bruise is visible
further down the hand. The second photograph is a close-up of the front of Lt.
Place’s left hand, showing the finger from a different angle.
{¶29} Sepulveda objected to the introduction of the photographs at trial,
contending that because the injury to Lt. Place’s finger was caused by Dunlap, the
photographs were irrelevant to Sepulveda’s activity. The State countered by arguing
that the photographs helped establish the character of the arrest that Sepulveda
interfered with, noting that Sepulveda interfered very shortly after Dunlap broke Lt.
Place’s finger. The trial court overruled Sepulveda’s objection but indicated the trial
court would limit the testimony if it went any further.
{¶30} In reviewing the matter, we find no abuse of discretion with the trial
court’s determination that the photographs contained some limited relevance here
given that Lt. Place’s finger was broken during the arrest that Sepulveda interfered
with. Moreover, even if the trial court did err in admitting these photographs, we
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fail to see how they created any material prejudice given that the photographs are
not gruesome and are illustrative of Lt. Place’s injury. For all of these reasons,
Sepulveda’s third assignment of error is overruled.
Conclusion
{¶31} Having found no error prejudicial to Sepulveda in the particulars
assigned and argued, her assignments of error are overruled and the judgment of the
Auglaize County Municipal Court is affirmed.
Judgment Affirmed
MILLER, P.J. and WILLAMOWSKI, J., concur.
/jlr
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