State v. Taylor, Unpublished Decision (5-21-2003)
State v. Taylor, Unpublished Decision (5-21-2003)
Opinion of the Court
{¶ 2} Defendant-appellant, Montez L. Taylor, appeals a conviction for assault pursuant to R.C.
{¶ 3} In his first assignment of error, Taylor contends that the trial court erred in failing to inquire into his motion to discharge his appointed counsel and to appoint new counsel. To justify the appointment of new counsel, an indigent defendant must demonstrate that there has been a breakdown in the attorney-client relationship of such magnitude as to jeopardize the defendant's right to effective assistance of counsel.State v. Coleman (1988),
{¶ 4} If the defendant alleges facts with specificity, which, if true, would require relief, the trial court must inquire into the defendant's complaint and make the inquiry part of the record. State v.Deal (1969),
{¶ 5} In his second assignment of error, Taylor contends that the evidence was insufficient to support his conviction. The state's evidence showed that Taylor punched a corrections officer in the face and caused him to suffer bruising, a bloodshot eye and severe headaches. Thus, the evidence, when viewed in a light most favorable to the prosecution, could have convinced a rational trier of fact that Taylor had knowingly caused or attempted to cause physical harm to the officer upon the grounds of a local correctional institution. Thus, the evidence was sufficient to support Taylor's conviction for assault as a fifth-degree felony pursuant to R.C.
{¶ 6} In his third assignment of error, Taylor contends that his conviction was against the manifest weight of the evidence. After reviewing the evidence, we cannot hold that the trier of fact lost its way and created such a manifest miscarriage of justice that we must reverse Taylor's conviction and order a new trial. Therefore, the conviction was not against the manifest weight of the evidence. See Statev. Thompkins,
{¶ 7} 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.
Doan, P.J., Hildebrandt and Gorman, JJ.
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