Opinion
Case No. 2017CA00121
06-25-2018
STATE OF OHIO Plaintiff-Appellee v. NORMAN L. PRYOR Defendant-Appellant
APPEARANCES: For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney RONALD MARK CALDWELL Assistant Prosecuting Attorney 110 Central Plaza South, Suite 510 Canton, OH 44702-1413 For Defendant-Appellant MATTHEW PETIT 116 Clevelane Avenue N.W. Suite 808 Canton, OH 44702
JUDGES: Hon. John W. Wise, P.J. Hon. W. Scott Gwin, J. Hon. Earle E. Wise, Jr., J.
OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 2016CR1548 JUDGMENT: Affirmed APPEARANCES: For Plaintiff-Appellee JOHN D. FERRERO
Prosecuting Attorney
RONALD MARK CALDWELL
Assistant Prosecuting Attorney
110 Central Plaza South, Suite 510
Canton, OH 44702-1413 For Defendant-Appellant MATTHEW PETIT
116 Clevelane Avenue N.W.
Suite 808
Canton, OH 44702 Wise, Earle, J.
{¶ 1} Defendant-Appellant Norman Pryor appeals the July 5, 2017 judgment of conviction and sentence of the Court of Common Pleas of Stark County, Ohio. Plaintiff-Appellee is the state of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶ 2} On August 1, 2016, appellant kidnapped a nursing student from the parking lot of Aultman Hospital and raped her nearby. He then fled the state. At the time appellant committed these offenses, he was a sex offender under an obligation to register his address with the sheriff once a year. If appellant moved from his registered address, however, he was required to notify the sheriff in writing of the change 20 days prior to making such change. In any event, appellant could not travel out of state of remain away from his registered address for more than 72 hours without notifying the Sheriff's Office of his residence.
{¶ 3} Appellant last registered with the Stark County Sheriff's Office on March 6, 2016, stating he was living at 914 Sandal Place N.E. in the city of Canton, Ohio. On August 2, 2016, Stark County Sheriff's Deputy John von Spiegel received information that appellant was no longer living there. He therefore went to the residence and met with the owner, appellant's cousin Cheryl Isles. Isles stated appellant had moved out months before, taking his clothing and belongings and stating he was moving in with his girlfriend and their child. During a search of the room appellant had stayed in, von Spiegel noted only a sofa and a dresser. He found no mail, clothing or other personal effects. Based on appellant's months-long absence from his registered address, von Spiegel obtained a warrant for appellant's arrest for failing to report his address as required.
{¶ 4} Meanwhile, Detective Terry Monter of the Canton Police Department was also looking for appellant. Through a mailing address database, Monter tracked appellant down to an address on Portage Street N.W., in North Canton. Upon arriving at the address, Monter spoke with the owner, appellant's girlfriend Summerly Rowlands. Rowlands acknowledged appellant was her boyfriend and was living at the residence. She showed Monter where appellant kept his clothing, personal items, and mail addressed to him at the Portage Street address. Appellant, however, was not present at the address.
{¶ 5} On August 13, 2016, appellant was apprehended in Atlanta Georgia. He was subsequently charged with one count of kidnapping, three counts of rape, one count of felonious assault, and one count of notice of change of address; registration of new address.
{¶ 6} Appellant successfully moved to sever the notice of change of address charge from the other charges in the indictment. Appellant stood trial for the more serious charges first, and was found guilty as charged. His first trial on the change of failing to report his address charge ended in a mistrial due to the inadvertent admission of inadmissible evidence. Following a retrial, appellant was found guilty of notice of change of address; registration of new address. He was sentenced to two years incarceration to be served consecutively to the 52-year sentence imposed as a result of his convictions in the first trial.
{¶ 7} Appellant filed an appeal and the matter is now before this court for consideration. He raises one assignment of error:
I
{¶ 8} "APPELLANT'S CONVICTION WAS AGAINST THE SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE."
{¶ 9} In his sole assignment of error, appellant argues his conviction is against the manifest weight and sufficiency of the evidence. We disagree.
{¶ 10} On review for sufficiency, a reviewing court is to examine the evidence at trial to determine whether such evidence, if believed, would support a conviction. State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991). "The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." Jenks at paragraph two of the syllabus, following Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). On review for manifest weight, a reviewing court is to examine the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine "whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered." State v. Martin, 20 Ohio App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). See also, State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997). The granting of a new trial "should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction." Martin at 175.
{¶ 11} Appellant's specific argument is that Deputy Von Spiegel failed to perform a thorough search of his registered address before concluding appellant did not live there.
{¶ 12} But the evidence that appellant no longer lived at his registered address, and had failed to notify the Sheriff's Office as required was uncontradicted at trial. Both residences were searched. Von Spiegel located no clothing or mail belonging to appellant at Isles' residence, yet appellant's clothing, personal items, and mail bearing the Portage Street address were located Rowland's residence. T. 123-124,148-150. Moreover, Isles testified at trial that appellant had moved out of her home months before von Spiegel showed up looking for him, and at best would stop by every two weeks to one month. T. 136-137.
{¶ 13} The state produced ample evidence to prove appellant failed to notify the sheriff of a change of residential address, as required by R.C. 2950.05(A), and there is no evidence on the record to indicate the jury lost its way in finding appellant guilty of violating R.C. 2950.05(A).
{¶ 14} The assignment of error is overruled.
{¶ 15} The judgment of the Stark County Court of Common Pleas is affirmed. By Wise, Earle, J. Wise, John, P.J. and Gwin, J. concur.
/s/_________
Hon. Earle E. Wise, Jr.
/s/_________
Hon. John W. Wise
/s/_________
Hon. W. Scott Gwin EEW/rw