State v. Gerdes, 031819 OHCA12, CA2018-03-056

Docket Nº:CA2018-03-056
Opinion Judge:RINGLAND, P.J.
Party Name:STATE OF OHIO/CITY OF HAMILTON, Appellee, v. ANNE M. GERDES, Appellant.
Attorney:Thomas A. Dierling, Hamilton City Prosecutor, for appellee Herdman, Summers, Revelson & Cesta, LLP, Joseph A. Cesta, for appellant
Judge Panel:PIPER and M. POWELL, JJ, concur.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-913

STATE OF OHIO/CITY OF HAMILTON, Appellee,

v.

ANNE M. GERDES, Appellant.

No. CA2018-03-056

Court of Appeals of Ohio, Twelfth District, Butler

March 18, 2019

CRIMINAL APPEAL FROM HAMILTON MUNICIPAL COURT Case No. 17CRB04234

Thomas A. Dierling, Hamilton City Prosecutor, for appellee

Herdman, Summers, Revelson & Cesta, LLP, Joseph A. Cesta, for appellant

OPINION

RINGLAND, P.J.

{¶ 1} Appellant, Anne Gerdes, appeals her conviction in the Hamilton Municipal Court for domestic violence. For the reasons discussed below, this court affirms Gerdes' conviction.

{¶ 2} Gerdes and her husband, Martin, were having marital difficulties. One evening, Gerdes was sleeping in the bedroom that she shared with Martin. Because their marital problems had recently escalated, Gerdes locked the door while she slept. Although Martin knew that Gerdes was asleep and that their bedroom door was locked, he used a screwdriver to unlock the door and retrieve a blanket for the couple's son. While getting the blanket, Martin noticed his alarm clock was unplugged. Because Martin intended to sleep in the bed with Gerdes and needed to set an alarm for the following morning, Martin reached over the bed's headboard to plug in the alarm clock. At that time, an altercation ensued between Martin and Gerdes. Eventually, Martin left the bedroom and called the police. The responding officer arrived at the couple's home and spoke with Gerdes and Martin.

{¶ 3} As a result, Gerdes was arrested and charged with one count of domestic violence in violation of R.C. 2919.25(A), a misdemeanor of the first degree. The matter proceeded to a jury trial. During trial, the state presented testimony from Martin. Gerdes testified in her own defense and presented testimony from the responding officer. After considering the evidence presented, the jury found Gerdes guilty of domestic violence. Gerdes now appeals, raising two assignments of error. For the ease of analysis, we address the assignments of error collectively.

{¶ 4} Assignment of Error No. 1:

{¶ 5} THE COURT OF COMMON PLEAS [sic] ERRED BECAUSE THE EVIDENCE PRESENTED AT TRIAL IS LEGALLY INSUFFICIENT TO SUSTAIN A VERDICT OF GUILTY.

{¶ 6} Assignment of Error No. 2:

{¶...

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