State v. Gandy, Unpublished Decision (12-9-2002)
State v. Gandy, Unpublished Decision (12-9-2002)
Opinion of the Court
{¶ 2} In August 2001, appellant was attempting to repossess an automobile leased by the Barbers. Appellant appeared at the Barbers' residence on three separate occasions in search of David Barber to ascertain the location of the vehicle. Appellant displayed a badge and represented himself as being with the West Chester Police Department. Appellant was eventually arrested and found guilty in a bench trial of two counts of impersonating a peace officer.
{¶ 3} Appellant appeals his conviction, raising one assignment of error: "THE TRIAL COURT ERRED IN FINDING MR. GANDY GUILTY OF VIOLATING R.C.
{¶ 4} Appellant first argues that his conviction is based on insufficient evidence. In reviewing the record for sufficiency of the evidence, "[t]he relevant inquiry is whether, * * * any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." State v. Jenks (1991),
{¶ 5} Appellant next argues that his conviction is against the manifest weight of the evidence. A reviewing court "will not reverse a conviction as being against the manifest weight of the evidence where there is substantial evidence upon which the trial court could reasonably conclude that all the elements of an offense have been proven beyond a reasonable doubt." State v. Eskridge (1988),
{¶ 6} Appellant also argues that he has an affirmative defense of "lawful purpose" because he was lawfully entitled to repossess the vehicle in default so long as he could do so without a breach of the peace. However, simply because appellant was seeking to repossess the vehicle does not mean that he was impersonating a peace officer for a lawful purpose. See State v. Metzger (Dec. 31, 1984), Warren App. No. CA84-08-048, at 9. Where the impersonation of a peace officer is designed to circumvent or detour the proper and normal procedure by which the lawful end could be achieved, the impersonation cannot be said to be lawful. See id. This argument is overruled for the reason that the affirmative defense of "lawful purpose" is not applicable to preclude a guilty verdict where the impersonation of a peace officer is designed to make a person believe that the actor is entitled to a certain status by virtue of his position as a peace officer. See id. Therefore, appellant's single assignment of error is overruled.
{¶ 7} The judgment of the trial court is hereby affirmed.
YOUNG and VALEN, JJ., concur.
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