[Cite as State v. Carstaphen, 2022-Ohio-3129.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 110906 v. : ANTONIO CARSTAPHEN, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: September 8, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-650948-A Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Carl J. Mazzone, Assistant Prosecuting Attorney, for appellee. Cullen Sweeney, Cuyahoga County Public Defender, and Francis Cavallo, Assistant Public Defender, for appellant. FRANK DANIEL CELEBREZZE, III, J.: Defendant-appellant Antonio Carstaphen brings this appeal challenging his convictions and sentence for felonious assault, kidnapping, and disrupting public services. After a thorough review of the applicable law and facts, we affirm the judgment of the trial court. I. Factual and Procedural History This case arose from an incident that occurred on May 30 and 31, 2020, in Garfield Heights, Ohio. There are two victims, female L.W. and male Roger Ortiz (“Ortiz”). On the night in question, Ortiz went to a house on Marvin Avenue with a friend, “Brian.” Ortiz met L.W. at the house. Brian left after approximately 15 minutes. There was another individual present with Ortiz and L.W. This individual, later identified as appellant, resided at the house. The three individuals — Ortiz, L.W., and appellant — consumed gin. Ortiz and L.W. consumed crack. At some point in the evening, appellant emerged from the kitchen holding a knife and a hammer. He took Ortiz’s and L.W.’s cell phones. Appellant began beating L.W. in the head with a hammer. Ortiz tried to intervene, but appellant shoved him back down. Appellant forced Ortiz into a small bathroom. When Ortiz attempted to exit the bathroom, appellant struck him 6-7 times causing bruising to Ortiz’s head, neck, and shoulder. Eventually, appellant gave Ortiz his phone back and let Ortiz leave the residence. Ortiz left around midnight on May 30. He called 911 after returning home but was unable to provide an exact location of the house. He recalled certain details about the location of the residence and passed the information along to police. Police were dispatched to Marvin Avenue on May 30, 2020, regarding a hostage situation. They knocked on the door of the residence and attempted to speak with the occupants. However, nobody answered the door, and officers did not believe they had probable cause to forcibly enter the house. L.W. was not permitted to leave with Ortiz. According to L.W., appellant sexually abused her after Ortiz left and kept her captive in the house. Police were again dispatched to Marvin Avenue the following day, May 31, 2020, regarding a call for a victim being held hostage. This time, when police arrived on scene, they encountered L.W. on the front porch. Officers observed that she “was visibly upset; shaking, crying; just looked very taken aback, very alleviated in her stress that we were there, that we had arrived.” L.W. informed the officers that she had been beaten, raped, and …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals