State v. McCreary

Summary

The Sixth District Court of Appeals of Ohio affirmed Daniel G. McCreary’s conviction for aggravated burglary. The court held that the evidence was sufficient to establish trespass and purpose to commit assault, and that the conviction was not against the manifest weight of the evidence despite inconsistencies in the victim’s testimony.

Holdings

1. The State presented sufficient evidence of trespass and purpose to commit assault. Testimony that defendant was not living with the victim, did not have a key, was told to leave, and forced his way into the home was sufficient to establish trespass. Testimony that defendant beat the victim with a closed fist and forced his way inside while she tried to prevent entry was sufficient to establish purpose to commit assault.
2. The conviction was not against the manifest weight of the evidence. Inconsistencies in the victim's testimony (e.g., regarding consciousness, relationship status, mode of travel to police station) did not negate any element of the offense, and the jury's credibility determinations are entitled to special deference.

Questions Presented

1. Whether the trial court erred in denying the motion for acquittal under Crim.R. 29(A) for insufficient evidence.
2. Whether the conviction was against the manifest weight of the evidence.

Disposition

affirmed