CITATION: R. v. Davis, 2011 ONCA 12
DATE: 20110107
DOCKET: C50254
COURT OF APPEAL FOR ONTARIO
Moldaver, Feldman and MacFarland JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Jermaine Davis
Appellant
Daniel A. Stein, for the appellant
Deborah Krick, for the respondent
Heard and endorsed: January 6, 2011
On appeal from the conviction entered on June 12, 2008 and the sentence imposed on September 17, 2008 by Justice C. Horkins of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] The two grounds of appeal raised by the appellant are, in our view, essentially fact-driven. The trial judge provided very detailed and cogent reasons for concluding that the jury should have before it the appellant’s` full criminal record. She provided equally detailed and thorough reasons for concluding that the arresting officer did not, in the circumstances, use excessive force in arresting the appellant.
[2] We have carefully considered both rulings and we are not persuaded that the trial judge erred, either in her findings of fact or in the application of the relevant legal principles.
[3] Accordingly, the appeal for conviction is dismissed. The appeal from sentence is not pursued. Accordingly, it is also dismissed.