City of Toledo v. Stuart (11 Ohio App. 3d 292, 1983)

Handwork, J.

This case is before the court on appeal from a judgment of the Toledo Municipal Court.

On March 18, 1983, this case proceeded to trial before the court, sitting without a jury. After hearing testimony and receiving evidence, the trial court found defendant-appellant, Edward Stuart, guilty of assault, a violation of R.C. 2903.13. On March 31, 1983, appellant filed a motion for a new trial, which was subsequently denied on April 5, 1983. On May 5, 1983, appellant was sentenced to a term of imprisonment and fined. In bringing this appeal, appellant presents the following sole assignment of error:

“First Assignment of Error [sic]

“The trial court erred in overruling defendant’s motion for new trial or for failing to have a hearing on same.”

Crim. R. 33 provides, in pertinent part:

“(A) Grounds. A new trial may be granted on motion of the defendant for any of the. following causes affecting materially his substantial rights: