State v. Olverson, Unpublished Decision (12-06-2000)
State v. Olverson, Unpublished Decision (12-06-2000)
Opinion of the Court
Raising two assignments of error, defendant-appellant Belinda Olverson appeals her conviction for one count of domestic violence in violation of R.C.
In the first assignment of error, Olverson contends that the trial court abused its discretion by admitting an unauthenticated 911 tape recording into evidence, as it was hearsay. "The admission or exclusion of relevant evidence rests within the sound discretion of the trial court." State v. Sage (1987),
App.R. 9 requires that all proceedings, except video, be transcribed in written form. The record transmitted to this court contains no transcription of the tape, but only the tape itself. While we have authority to order the record supplemented by transcription of the tape, we deem it unnecessary to review of the assigned error. Conclusive proof of authenticity is not required, but only a sufficient foundation for the trier of fact to conclude that the evidence is what its proponent claims it to be. See State v. Easter (1991),
The authentication requirements of Evid.R. 901 were met in this case. The victim testified that he made a 911 telephone call; the victim identified his wife's voice, as well as his own, on the 911 tape; and the victim answered in the affirmative when asked whether the 911 tape was a fair and accurate recording of the telephone call that he had made. The trial court limited the evidence from the 911 tape only to those statements of the victim and his wife. Further, any lack of testimony completing a chain of custody for the evidence did not render it inadmissible, but rather only affected the weight that the evidence might be given. See State v. Ewing (Apr. 14, 1999), Lorain App. No. 97CA006944, unreported, see, also, State v. Barzacchini (1994),
In the second assignment of error, Olverson contends that the trial court's finding of guilt was based upon insufficient evidence and was against the manifest weight of the evidence. To reverse a conviction for insufficient evidence, an appellate court, reviewing the evidence in the light most favorable to the prosecution, must determine that no rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. See State v. Jenks (1991),
To convict Olverson of domestic violence, in violation of R.C.
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
______________________ Hildebrandt, P.J.,
Doan and Winkler , JJ.
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