State v. Griffin

780 N.E.2d 1088, 150 Ohio App. 3d 360
CourtOhio Court of Appeals
DecidedDecember 3, 2002
DocketNo. 02AP-425 (REGULAR CALENDAR)
StatusPublished

This text of 780 N.E.2d 1088 (State v. Griffin) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Griffin, 780 N.E.2d 1088, 150 Ohio App. 3d 360 (Ohio Ct. App. 2002).

Opinion

Brown, Judge.

{¶ 1} Richard L. Griffin, defendant-appellant, appeals from the March 20, 2002 judgment of the Franklin County Court of Common Pleas, wherein the court journalized a jury verdict finding appellant guilty of disrupting a public service, in violation of R.C. 2909.04, a fourth-degree felony.

{¶ 2} On November 16, 2001, in Columbus, Ohio, appellant missed the No. 8 COTA bus, which belongs to a fleet that engages in public transportation. Dale Treweek, the driver of the next COTA bus, No. 3, observed appellant and recognized that he had missed his bus. Treweek stopped at the bus stop as designated by his route plan, and appellant approached the bus. Before boarding the bus, appellant asked Treweek if the No. 3 bus could “catch” the No. 8 bus. Treweek told appellant that he could not do such a thing because it would force him to leave his proscribed route. Appellant then boarded the No. 3 bus, and the bus departed. Appellant refused to pay his fare and began verbally harassing Treweek, demanding that he be let off the bus. Treweek told appellant that it *362 was against company policy to let a passenger off in the middle of the street. Appellant then began threatening Treweek. At the intersection of Spring and High Streets, Treweek stopped to make a turn and waited for traffic to pass. Gloria Webb, a passenger seated in the first row of the bus, testified that appellant then threatened to “smack” Treweek in the face. Treweek again told appellant he was following company policy, after which appellant spit in his face.

{¶ 3} Treweek contacted the police via an emergency phone on the bus, during which appellant continued to yell at Treweek and Webb, insisting that she tell Treweek to let him off the bus. Appellant then struck Treweek. Treweek got up from his driver’s seat, and a physical confrontation ensued, which continued several rows down the bus aisle. Although Treweek believed he had engaged the brake on the bus, he had not, and the bus began moving across the intersection. Treweek attempted to reach across the driver’s seat and control the bus, but appellant stopped him. Several witnesses indicated that they did not recall seeing appellant place his hands upon the steering wheel, while one witness on the street testified that appellant placed his hands upon the wheel and Treweek’s hands.

{¶ 4} The bus eventually struck the curb, rolled onto the sidewalk, and struck several objects, including a street lamp, a tree, and some potted flowers. Treweek finally was able to apply the brake, after which he locked the doors pursuant to company policy. Appellant then began to pound on the doors, demanding to be let off the bus. Believing that there may be live electrical wires on the ground, Treweek declined to let any passengers leave the bus. Police finally arrived and appellant was arrested.

{¶ 5} On March 19, 2002, appellant was found guilty of disrupting a public service, in violation of R.C. 2909.04, a fourth-degree felony. Five other counts were dismissed by the court pursuant to Crim.R. 29. A sentencing hearing was held, and the court sentenced appellant to eighteen months’ incarceration. Appellant appeals from the judgment of the trial court, asserting the following assignment of error:

{¶ 6} “The trial court erred in finding that the state proved beyond a reasonable doubt that appellant purposely interrupted or impaired public transportation pursuant to Ohio Revised Code § 2909.04(A)(4) [sic].”

{¶ 7} Appellant argues in his sole assignment of error that the trial court erred in finding that the state proved beyond a reasonable doubt that he acted purposely in interrupting or impairing public transportation. Appellant’s argument is essentially that there was insufficient evidence to support the verdict and that the verdict was against the manifest weight of the evidence. In State v. Jenks (1981), 61 Ohio St.3d 259, 574 N.E.2d 492, the Ohio Supreme Court set forth the standard of review when a claim of insufficiency of the evidence is made. *363 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 the evidence, if believed, would convince the average mind of the defendant’s guilt beyond a reasonable doubt. Id. at paragraph two of the syllabus. The relevant inquiry is whether, after reviewing 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. Id.

{¶ 8} The weight of the evidence concerns the inclination of the greater amount of credible evidence offered in a trial to support one side of the issue rather than the other. State v. Gray (Mar. 28, 2000), Franklin App. No. 99AP-666. In order for a court of appeals to reverse the judgment of a trial court on the basis that the verdict is against the manifest weight of the evidence, the appellate court must unanimously disagree with the factfinder’s resolution of the conflicting testimony. State v. Thompkins (1997), 78 Ohio St.3d 380, 387, 678 N.E.2d 541. Determining whether a criminal conviction is against the manifest weight of the evidence “requires an examination of the entire record and a determination of whether the evidence produced attains the high degree of probative force and certainty required of a criminal conviction.” State v. Getsy (1998), 84 Ohio St.3d 180, 193, 702 N.E.2d 866.

{¶ 9} In a manifest-weight-of-the-evidence review, the court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines 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. Thomp-kins, supra. “ ‘The discretionary power to grant a new trial should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction.’ ” Id. at 387, 678 N.E.2d 541, quoting State v. Martin (1983), 20 Ohio App.3d 172, 175, 485 N.E.2d 717. “The weight to be given the evidence and the credibility of the witnesses are primarily issues to be decided by the trier of fact.” State v. Burdine-Justice (1998), 125 Ohio App.3d 707, 716, 709 N.E.2d 551. The trier of fact has the benefit of seeing and hearing the witnesses testify and is in the best position to determine the facts of the case. In re Good (1997), 118 Ohio App.3d 371, 377, 692 N.E.2d 1072.

{¶ 10} R.C. 2909.04(A)(2) provides:

{¶ 11} “(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:
{¶ 12} “* * *

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Related

State v. Burdine-Justice
709 N.E.2d 551 (Ohio Court of Appeals, 1998)
In Re Good
692 N.E.2d 1072 (Ohio Court of Appeals, 1997)
State v. Martin
485 N.E.2d 717 (Ohio Court of Appeals, 1983)
State v. Jenks
574 N.E.2d 492 (Ohio Supreme Court, 1991)
State v. Thompkins
678 N.E.2d 541 (Ohio Supreme Court, 1997)
State v. Getsy
702 N.E.2d 866 (Ohio Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
780 N.E.2d 1088, 150 Ohio App. 3d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-ohioctapp-2002.