My question is: why did the court mention that she just came back from getting her hair done?
On December 28, 2006, Saldana returned home with her son and a friend after getting her hair done. She and defendant spoke briefly but she could see that he was upset. After the friend left, Saldana placed her son in his crib and they began to argue. Defendant punched her in the face, fracturing her nose, and causing her nose to bleed profusely.
Defendant Michael Hodges appeals from his convictions for aggravated assault and kidnapping. For the reasons set forth below, we affirm.
On February 27, 2007, defendant was indicted for one count of felonious assault and one count of kidnapping in connection with an alleged attack on his former girlfriend, Felisha Saldana. Defendant pled not guilty and the matter proceeded to a jury trial on December 17, 2007.
The state’s evidence demonstrated that, at around 9:00 p.m., on December 28, 2006, Saldana returned home with her son and a friend after getting her hair done. She and defendant spoke briefly but she could see that he was upset. After the friend left, Saldana placed her son in his crib and they began to argue. Defendant punched her in the face, fracturing her nose, and causing her nose to bleed profusely. He then yanked her by the throat and slammed her onto the washing machine. According to Saldana, defendant held her down and she could not get away.
Defendant let up to look for a necklace that he had lost and Saldana fled to a neighbor’s house. The neighbor looked out her window at Saldana but did not let her in. Defendant then grabbed her and carried her back into the house. He ordered her to clean her face and when he looked for his necklace a second time, Saldana fled the house with her son. She ran to a friend’s house and called the police. The police arrived approximately forty-five minutes later. At this time, Saldana’s nose was “flattened out” and still bleeding. Saldana went to Fairview Hospital for treatment and received follow-up treatment at MetroHealth Center.
Defendant maintained that Saldana was the aggressor and that he looked up following her attack and observed that her nose was bloodied. The defense established that defendant made a statement to police following the incident. In addition, defendant’s mother testified that Saldana is aggressive, frequently threatens to fight and had stated that if defendant ever left her, she would make him regret it.
The trial court instructed the jury on aggravated assault as a lesser offense of felonious assault and abduction and unlawful restraint as lesser offenses of kidnapping. Defendant was subsequently convicted of aggravated assault and kidnapping. The trial court sentenced him to three years of imprisonment plus five years of post-release control sanctions.
State v. Hodges, 2009-Ohio-1071. Original document (and the rest of the case) is here. Emphasis (bolding) added.
No Comments