Summary
The Ohio Second District Court of Appeals reviewed Ronica King's convictions for felonious assault and domestic violence. The court held that the convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. However, it found plain error in the trial court's failure to merge the convictions as allied offenses and remanded for resentencing.
Holdings
- The evidence was legally sufficient to support King's convictions for felonious assault and domestic violence because a rational trier of fact could find all essential elements proven beyond a reasonable doubt.
- The convictions were not against the manifest weight of the evidence.
- The felonious-assault and domestic-violence convictions were allied offenses of similar import that had to merge, and the trial court's failure to merge them constituted plain error.
Questions Presented
- Whether sufficient evidence supported King's convictions for felonious assault and domestic violence.
- Whether the convictions were against the manifest weight of the evidence.
- Whether the felonious-assault and domestic-violence convictions were allied offenses of similar import that had to merge under R.C. 2941.25.
Disposition
reversed_and_remanded
Cases Cited (19)
- State v. McKnight, 107 Ohio St. 3d 101, 2005-Ohio-6046, 837 N.E.2d 315, ¶¶ 69-71(followed)
- State v. Jenks, 61 Ohio St. 3d 259, 574 N.E.2d 492 (1991)(followed)
- State v. DeHass, 10 Ohio St. 2d 230, 231, 227 N.E.2d 212 (1967)(followed)
- State v. Lawson, 2d Dist. Montgomery No. 16288, 1997 WL 476684, *4 (Aug. 22, 1997)(followed)
- State v. Bradley, 2d Dist. Champaign No. 97-CA-03, 1997 WL 691510, *4 (Oct. 24, 1997)(followed)
- State v. Anderson, 10th Dist. Franklin No. 10AP-302, 2010-Ohio-5561, ¶ 13(followed)
- State v. Edwards, 83 Ohio App. 3d 357, 361, 614 N.E.2d 1123 (10th Dist. 1992)(followed)
- State v. Gray, 2d Dist. Montgomery No. 26139, 2016-Ohio-1419, ¶ 41(followed)
- State v. Benton, 2d Dist. Miami No. 2010-CA-27, 2012-Ohio-4080, 2012 WL 3871416, ¶ 7(followed)
- State v. Wilson, 2d Dist. Clark No. 2018-CA-2, 2020-Ohio-2962, ¶¶ 119, 127-128(followed)
Showing top 10 of 19.
Cited In (0)
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Court Document
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