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1. HaroldSowardsII
CJ 322, Tu/Th 9:30
11/2/15
State v. Hoying
WI 678989 (OhioApp. 2005)
1. Facts
TedHoyingmeetsKellyCriswell atwork
June 2002 asksher ona date,whichshe declinesandeventuallyleavesthe job,but
Hoyingcontinuestotryand make contact withher
Criswell getsaCivil ProtectionOrderinFeb.2002
BetweenAug.15andSept.7,2003 Hoyingsendsher105 emails
1st
threatisAug.16, beginssayinghe’ll show upathernew job
Criswell goestoXeniaMunicipal Courtandletsthemknow he violatedthe CVPand
HoyinggetschargedAug.28,2003
HoyingbeginsthreateningCriswell’sboyfriendafterreceivingthis
Criswell changesheraddress,license plate,employmentandeventuallymovesaway
and testifiesthatshe needspsychiatricandpsychological assistance
ConvictedbyjuryinCourt of CommonPleasformenacingbystalkingandintimidatingof
the victimand issentencedto6.5 yrs inprison
Appeals
OhioCourtof Appealsaffirmed
2. Issue
Is the convictionbasedformenacingbystalkingbasedoninsufficientevidence?
ShouldHoyinghave beensentencedtothe maximumtermforthe convictionof menacingby
the stalkingwhichisa 4th
degree felony?
3. Holdings
No,affirmed
Yes,affirmed
4. Reasoning
Basedon the contentof the email Hoyingknew thatMs.Criswell wouldconsiderthe
messagesasa threat toher physical safety.The jurycansee thiscausesmental distress.The CVP
was evidenceenoughthatshe wasafraidof the defendantandthe messages afterthatwere in
violationof saidCVP.Hoyingrefusedtoparticipate inthe presentenceinvestigation.
Under RC 2929.14 (A) (4) the potential termfora 4th
degree felonyis6-18 months.
Courtshowevercanimpose alongersentence aslongas itis justified.Note thatthe nightthe
juryverdictwasissued,Hoyingcontactedvictimagain.Thisshowsarefusal tosubmittothe
authorityof the law.Disruptsthe sentencingprocessbyusingfoul languageonthe victim,her
2. familyandthe court until he was removedfromthe court.For these reasons,the courtfinds
that the shortestprisontermwouldn’tprotectthe public(particularlyKellyCriswell)fromfuture
crimes.
There isevidence theyhadnorelationshiptogether,showingclassicstalking.Hoying’s
conduct isthe worstform of thisoffense.So,theyaffirmthe judgment.
