State v. Willig, 06 Ma 114 (3-13-2008)
State v. Willig, 06 Ma 114 (3-13-2008)
Opinion of the Court
{¶ 3} A dispositional hearing was held on July 12, 2006. On that same day, the court filed a judgment entry finding Appellant guilty on both charges, and sentencing him to 90 days in jail on each charge, with the sentence suspended. The court also imposed a fine, issued a no contact order, and required Appellant to take anger management classes. This appeal followed on July 20, 2006. The trial court stayed the sentence during appeal.
{¶ 4} There is no indication that Appellant filed the trial transcript as part of his record on appeal, although a transcript apparently was prepared and appears as an appendix to his brief on appeal. This does not constitute an appropriate filing. We cannot add material to the record that was not properly made part of the record on appeal.State ex rel. Chagrin Falls v. Geauga Cty. Bd. of Commrs.,
{¶ 5} Appellant presents three assignments of error. They will be taken out of order for ease in analysis.
{¶ 7} Appellant contends that prior convictions should not be permitted into evidence, and that his prior convictions in particular were disproportionately *Page 4
prejudicial to his defense. Appellant cites State v. Allen (1987),
{¶ 8} Appellee points out that Evid.R. 609 allows evidence of criminal convictions to be entered into evidence to impeach a witness, and it is undisputed that Appellant did testify as a witness in his defense and was therefore subject to impeachment evidence. Appellee also notes that, in a bench trial such as occurred in the instant case, the trial judge is presumed to have, "considered only the relevant, material, and competent evidence in arriving at its judgment unless it affirmatively appears to the contrary." State v. Post (1987),
{¶ 9} Because there is no transcript to review, we must overrule Appellant's remaining arguments under this assignment, all of which depend on citations to a transcript as support. Appellant's second assignment of error is overruled.
{¶ 11} Appellant contends that the trial court was required to file written findings of fact and conclusions of law to support the verdict. Appellant cites no statute, rule or caselaw mandating the trial court file findings of fact and conclusions of law in order for a guilty verdict to be valid. Appellant has no citation to any part of the record showing that he requested findings of fact and conclusions of law. Although the trial court does need to provide a factual basis for resolving certain motions during a criminal trial, this does not apply to the final verdict. See Crim.R. 12(K). In fact, Crim.R. 23(C) states: "In a case tried without a jury the court shall make a general finding." Thus, even if Appellant had made a specific request for findings of fact and conclusions of law, the trial court would have been correct in ignoring it based on Crim.R. 23(C). State v. Walker (1985),
{¶ 13} Appellant contends that the state's witnesses were not credible and that the manifest weight of the evidence does not support the convictions. We have already stated that no trial transcript was properly filed as part of the record on appeal. App.R. 9(B) states: "If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record a transcript of allevidence relevant *Page 6
to the findings or conclusion." (Emphasis added.) The use of the word "shall" denotes an imperative, expressing a mandatory directive.State v. Rowe (1997),
{¶ 14} None of Appellant's three assignments of error has merit, and the two convictions for telephone harassment are affirmed.
Vukovich, J., concurs.
*Page 1DeGenaro, P.J., concurs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.