City of Elyria v. Tress

I dissent from the holding of the majority. As an initial note, I can find no evidence in the record that the propriety of Tress’s arrest was ever questioned in the common pleas court. If a lawful arrest is a necessary element of resisting under R.C. 2921.33(A) and Tress felt insufficient evidence was presented on this issue, he should have addressed this contention in his motion for a judgment of acquittal. Crim.R. 29. Having failed to do so, this court should decline to review the matter for the first time on appeal. State v. Roe (1989), 41 Ohio St.3d 18, 25, 535 N.E.2d 1351, 1360; Akron v.…