Summary
The Eleventh District Court of Appeals of Ohio affirmed Eliseo Cabrera’s conviction for domestic violence under R.C. 2919.25(A). The court held that sufficient evidence supported the finding that Cabrera knowingly caused physical harm to his daughter and that the conviction was not against the manifest weight of the evidence.
Topics
Practice areas
Questions Presented
- Whether sufficient evidence supported Cabrera's conviction for knowingly causing or attempting to cause physical harm to a family or household member in violation of R.C. 2919.25(A).
- Whether the conviction was against the manifest weight of the evidence.
Holdings
- The evidence was legally sufficient to support the conviction because, when viewed in the light most favorable to the State, a rational trier of fact could infer that Cabrera knowingly caused physical harm by throwing the telephone toward his daughter.
- The conviction was not against the manifest weight of the evidence because the trial court was entitled to believe the girlfriend's testimony and disbelieve Cabrera's account, and this was not the exceptional case in which the factfinder clearly lost its way and created a manifest miscarriage of justice.
Key quotations
“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 the crime beyond a reasonable doubt.” (¶ 6)
“When a court of appeals reverses a judgment of a trial court on the basis that the verdict is against the weight of the evidence, the appellate court sits as a ““‘thirteenth juror’”” and disagrees with the factfinder’s resolution of the conflicting testimony.” (¶ 7)
Factual background
During a verbal altercation at the home Cabrera shared with his girlfriend and their three children, Cabrera and his girlfriend struggled over a house telephone. The girlfriend testified that Cabrera tossed the telephone and that it struck their eight-year-old daughter on the lip. A responding officer observed redness and possible swelling on the daughter's lips and saw household items scattered throughout the home. Cabrera denied throwing the telephone and testified that it flew from their hands during the struggle.
Procedural history
Four first-degree misdemeanor complaints were filed against Cabrera arising from a December 6, 2021 domestic dispute. After the State's case, the municipal court dismissed the complaints for criminal damaging, endangering children, and domestic violence involving Cabrera's girlfriend because the offenses were not properly charged. The court found Cabrera guilty of domestic violence against his daughter, sentenced him to 60 days of confinement with 50 days suspended, six months of probation, and a $150 fine, and stayed the sentence pending appeal. The appellate court affirmed.