Friday First District Roundup 3-12-21

Fred B. Hamilton v. Dorothy F. Barth, Andrew Barth, Guardian of the Person and Estate of Louis E. Barth 
Case #C200027
Quote from Judge Zayas' Opinion:
Plaintiff-appellant Fred B. Hamilton brings this appeal to challenge the trial court’s grant of summary judgment in favor of defendants-appellees Dorothy Barth and Andrew Barth, as guardian of the person and estate of Louis E. Barth (“the Barths”). The trial court’s grant of summary judgment disposed of all the claims contained within plaintiff’s complaint. However, the entry failed to dispose of the counterclaim asserted by the defendants and failed to include the language required by Civ.R. 54(B) to make the entry a final appealable order. Therefore, we cannot reach the merits of Hamilton’s assignment of error because we lack jurisdiction to hear this appeal.
On October 23, 2018, Hamilton filed a complaint for breach of contract, specific performance, and declaratory judgment against Louis E. Barth and Dorothy F. Barth, who are the record owners of two parcels of land in Hamilton County.1 The complaint alleged that Louis and Dorothy Barth executed a land contract with Hamilton for purchase of the two parcels of land, but never delivered possession of the land or performed under the contract. The first parcel of land consists of 63.57 acres in Harrison Township and the second parcel consists of 3.38 acres in Whitewater township. Both parcels together are known and designated as 6555 Brooks Road. 


State of Ohio v. Cody L. Harden
Case #C190709 
Quote from Judge Crouse's Opinion:
Defendant-appellant Cody Harden was convicted of unauthorized use of a motor vehicle in violation of R.C. 2913.03(A). He has appealed, arguing in one assignment of error that his conviction was based upon insufficient evidence and against the manifest weight of the evidence. We overrule the sole assignment of error and affirm the judgment of the trial court.
Octavia Allen and Harden worked together. Allen testified that on August 28, 2019, she loaned her car to Harden to “grab lunch.” She expected him to return it by the end of their one-hour lunch break. Harden did not return to work that day. Allen called the police and filed a report. She called and texted Harden, with no reply. Two days later, on August 30, she received a phone call from Harden. She testified that he told her that he had left the car in a T-Mobile parking lot “that morning.” 


State of Ohio v. Brendan MacDonald 
Case #C190684 
Quote from Judge Zayas' Opinion:
Brendan MacDonald appeals the consecutive sentences imposed during his resentencing hearing. In his sole assignment of error, he contends that the trial court erred by improperly resentencing him. Specifically, he argues that the court did not make the appropriate findings or engage in the proper analysis in imposing consecutive sentences. For the following reasons, we affirm the judgment of the trial court.
On February 22, 2018, Brendan MacDonald was convicted of five counts of attempted murder and two counts of felonious assault all with specifications. MacDonald was accused of “fir[ing] a gun into his neighbor’s yard, and then engag[ing] in a shootout with the responding police officers outside of his home.” State v. MacDonald, 1st Dist. Hamilton No. C-180310, 2019-Ohio-3595, ¶ 1 (“MacDonald I”). In his direct appeal, this court affirmed the convictions but vacated the sentence after finding that the trial court failed to make a finding pursuant to R.C. 2929.14(C)(4). Id. at ¶ 66. We vacated the consecutive sentences and “remanded for a new sentencing hearing on that issue alone.” Id


State of Ohio v. Timothy Frye 
Case #C190512
Quote from Judge Crouse's Opinion:
Defendant-appellant Timothy Frye was cited for three traffic-related violations: driving under suspension in violation of R.C. 4510.16(A), improper change of course in violation of Cincinnati Municipal Code (“CMC”) 506-80, and a cracked-windshield violation under CMC 503-55. He was tried before the bench and convicted of all three counts. He was ordered to pay a fine of $200 for driving under suspension and $15 for each of the other charges. He has appealed those convictions in the appeal numbered C-190511. During Frye’s trial, he was found in criminal contempt. He has appealed that conviction in the appeal numbered C-190512.
Frye does not articulate specific assignments of error, making his appeals subject to dismissal pursuant to App.R. 16(A)(3). Nevertheless, we recast his arguments as though they were properly assigned as error. We sustain the second assignment of error in part and overrule it in part. We hold that his conviction for improper change of course was based upon insufficient evidence. Frye’s remaining assignments of error are overruled and the remainder of the trial court’s judgments are affirmed. 


State of Ohio v. Monai Sherea Brown 
Case #C190399
Quote from Judge Myers' Opinion:
Defendant-appellant Monai Sherea Brown appeals her conviction for tampering with records in violation of R.C. 2913.42(A)(1). Because Brown’s conviction was based on false statements that she had made in a civil complaint, and because Brown had an absolute privilege to make those statements, we hold that her conviction was not supported by sufficient evidence.
Loie Hallug owns the property located at 511 McAlpin. Sometime in late July or early August of 2017, Hallug received a letter from Brown dated July 27, 2017, informing him that he had abandoned his property, that she intended to take possession of the property, and that he owed her $733 for maintenance to his property.


State of Ohio v. Lionell Roberts 
Case #C200080 
Quote from Judge Bergeron's Opinion:
The state appeals from the dismissal of its domestic violence charge against defendant-appellee Lionell Roberts. The trial court dismissed this case after the state’s key witness stormed out of the courtroom before cross-examination, and the state contends that the court should have rendered a verdict anyway. We see two problems with this argument: first, the state never broached this point below, and second, the Confrontation Clause prevented the trial court from considering the witness’s testimony (and the state admittedly had no other evidence of guilt). We accordingly affirm the court’s judgment and overrule the state’s assignment of error.
This domestic violence charge stems from threats that Mr. Roberts allegedly made to a female friend while they celebrated his birthday together at his house. As the festivities wore on, Mr. Roberts began using disrespectful language towards her, and she concluded that it was time to leave. In response, Mr. Roberts allegedly grabbed a long butcher knife, brandishing it in her direction, admonishing: “you ain’t going nowhere.” The state charged Mr. Roberts with domestic violence under R.C. 2919.25(C), arising out of this incident.


State of Ohio v. Alexander Gonzales
Case #C190345
Quote from Judge Zayas' Opinion:
In these consolidated appeals, defendant-appellant Alexander Gonzales challenges the Hamilton County Common Pleas Court’s judgments overruling the “Motion to Vacate Sentence” and “Motion to Vacate Convictions for Lack of Final Appealable Orders” filed in each case. We affirm the court’s judgments.
In 2001, Gonzales was convicted upon multiple counts of drug possession and trafficking charged in two indictments. He unsuccessfully challenged his convictions on direct appeal and in postconviction motions filed in 2002 and 2010. State v. Gonzales, 151 Ohio App.3d 160, 2002-Ohio-4937, 783 N.E.2d 903; State v. Gonzales, 1st Dist. Hamilton Nos. C-020743 and C-020744 (Oct. 1, 2003). {¶3} In 2018, Gonzales filed in each case two motions. One sought correction of the postrelease-control portions of his sentences. And the other sought an order vacating his judgments of conviction on the ground that they did not comply with Crim.R. 32(C). In these appeals, he presents two assignments of error challenging the overruling of those motions