State v. Strickland

918 N.E.2d 170, 183 Ohio App. 3d 602
CourtOhio Court of Appeals
DecidedAugust 6, 2009
DocketNo. 91982
StatusPublished
Cited by33 cases

This text of 918 N.E.2d 170 (State v. Strickland) 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. Strickland, 918 N.E.2d 170, 183 Ohio App. 3d 602 (Ohio Ct. App. 2009).

Opinions

Colleen Conway Cooney, Administrative Judge.

{¶ 1} Defendant-appellant, Christian Strickland, appeals his convictions. Finding no merit to the appeal, we affirm.

{¶ 2} In August 2007, Strickland was charged with two counts of rape, two counts of attempted rape, one count of felonious assault, and one count of attempted felonious assault. He was also charged with kidnapping, which carried a sexual-motivation specification. The matter proceeded to a bench trial, at which the following evidence was adduced.

{¶ 3} In February 2007, Strickland and B.F. met through an Internet dating service. They began dating in March 2007, and their relationship quickly became intimate. Throughout their relationship, B.F. and Strickland fought because of her suspicions that Strickland was “unfaithful” to her. B.F. repeatedly ended the relationship, then forgave him, and they would get back together again.

{¶ 4} In June 2007, they became engaged, but B.F. broke off the engagement on July 15, 2007. Subsequently, she requested that Strickland remove his belongings from her home. When he came to pick up his belongings, the two reconciled, and Strickland gave her the password to his e-mail account to reassure her that he was not unfaithful. While she was checking his e-mail account, B.F. discovered 46 deleted e-mails to “the other women.” This prompted her to end the relationship again. During the following week, Strickland contacted B.F. and came to her home. He threatened to kill her and himself. She became afraid of his threats and had the locks on her doors changed. On July 29, 2007, Strickland was waiting for her at her home, and the two talked about their relationship and Strickland’s infidelities. They engaged in sexual intercourse that night and again the next morning.

{¶ 5} On the evening of July 30, 2007, Strickland met B.F. at her house after work. The evening began with normal conversation and progressed in the usual manner. She testified that while they were outside on her patio, they began to argue about Strickland’s infidelities. At one point, Strickland grabbed her face as if to kiss her and bit her lip. A short while later, he flipped over the patio chair she was sitting on, held her in the grass, and choked her with both hands, threatening to kill her and then himself. He eventually let her go, apologized profusely, and assisted her into the kitchen, where they continued to argue.

[605]*605{¶ 6} While inside, B.F. discovered that Strickland had taken her car keys and her cell phone. He then walked her around the house to lock all the windows. He also put two chairs together in the kitchen to impede access to the patio door. B.F. eventually convinced him to go to sleep, hoping that he would fall asleep first so she could take the spare car key in her bedroom and leave.

{¶ 7} B.F. testified that the arguing continued in the bedroom, and Strickland told her, “[W]e’re going to be together one last time,” and “[Y]ou can call it rape but you’re going to enjoy it.” He then attempted intercourse with her, but he was unable to perform. He also tried to force her to perform oral sex on him, but she refused. Strickland then became frustrated and bit her on the thigh.

{¶ 8} After more talking and crying, B.F. fell asleep. She later woke up, unable to breathe because Strickland was on top of her. She testified that later in the night, he told her again that they were going to be together one last time and forced her to have vaginal intercourse with him. He then insisted that she have an orgasm and forcibly penetrated her with his fingers. She also testified that Strickland’s violent behavior continued through the night as he repeatedly smothered her with a pillow.

{¶ 9} In the morning, B.F. tried to convince Strickland to call the police. Eventually, he let her outside to smoke. When he turned his back, she began to run away. Strickland then said, “[F]ine, fine. I’ll call the police. I’ll call the police.” She heard him talking to someone, so she ran to the phone and started screaming her address. She then ran toward the driveway and observed the police approaching her home.

{¶ 10} Strickland testified in his own defense. He admitted that many of B.F.’s suspicions of unfaithfulness were true. He also testified that he was at B.F.’s house the night before the incident and had consensual intercourse that night and the morning of July 30, 2007. On the night of the incident, however, he claimed that the evening progressed in its usual manner. The arguments did not begin until she accused him of lying and “cheating on her.” He testified that the sexual intercourse and digital penetration were consensual and that he took her car keys because she had been drinking too much.

{¶ 11} He denied raping, kidnapping, and assaulting B.F. He testified that the only physical altercation between them consisted of “wrestling” in the backyard for his cell phone, her smacking him in the kitchen, and her attempt to strike him when they were in the garage. He stated that he called the police the next morning because B.F.’s behavior was very bizarre and he had an “eerie feeling.”

{¶ 12} The trial court found him guilty of two counts of rape and two counts of attempted rape, attempted felonious assault, and kidnapping, with the sexual-motivation specification attached. The trial court found him not guilty of [606]*606felonious assault. Strickland was sentenced to four years in prison on each rape and attempted-rape count, one year in prison on the attempted-felonious-assault count, and three years in prison for kidnapping. The trial court ordered that the rape counts be served concurrently with each other, but consecutively to the attempted-rape counts, which were also ordered to be served concurrently with each other. The attempted-felonious-assault and kidnapping counts were ordered to be served concurrently with all other counts, for an aggregate term of eight years in prison.

{¶ 13} Strickland now appeals, raising three assignments of error for our review.

Jury Waiver

{¶ 14} In the first assignment of error, Strickland argues that he was denied his constitutional right to a jury trial because there is no evidence that his jury waiver was signed in open court.

{¶ 15} Under Crim.R. 23(A), a defendant may knowingly, intelligently, and voluntarily waive in writing his right to trial by jury. The jury waiver “shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof.” R.C. 2945.05.

{¶ 16} In State v. Lomax, 114 Ohio St.3d 350, 2007-Ohio-4277, 872 N.E.2d 279, ¶ 9, the Ohio Supreme Court held that “to be valid, a waiver must meet five conditions. It must be (1) in writing, (2) signed by the defendant, (3) filed, (4) made part of the record, and (5) made in open court.” The Lomax court stated:

We do not mandate magic words, or a prolonged colloquy, but simply what Ohio law intends — that a defendant while in the courtroom and in the presence of counsel, if any, acknowledge to the trial court that the defendant wishes to waive the right to a jury trial.

Id. at 356, 872 N.E.2d 279.

{¶ 17} Strickland claims that there is no evidence in the transcript that he personally signed the waiver. He bases his arguments on State v. Pless

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Cite This Page — Counsel Stack

Bluebook (online)
918 N.E.2d 170, 183 Ohio App. 3d 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-strickland-ohioctapp-2009.