State v. Battles

Citations

• 2021 Ohio 310

Syllabus

Felonious assault aggravated menacing serious physical harm R.C. 2901.01(A)(5) concussion unconscious sufficient evidence manifest weight complicity R.C. 2923.03(A) conspiracy jury instruction plain error Crim.R. 52(B). Affirmed convictions for felonious assault and aggravated menacing. The state presented sufficient evidence to establish serious physical harm where the victim was struck by appellant's accomplice, lost consciousness, sought medical treatment, was diagnosed with a concussion, and was still feeling the effects of the concussion at the time of trial. The convictions were not against the manifest weight of the evidence. No plain error occurred by giving a jury instruction on conspiracy.