State v. Bingham

Citations

• 2022 Ohio 2074

Syllabus

MENACING — LESSER-INCLUDED OFFENSE — MANIFEST WEIGHT OF THE EVIDENCE — SPEEDY TRIAL — WAIVER: The trial court did not err by convicting defendant, who had been charged with menacing under R.C. 2903.21(A), of the lesser-included offense of menacing under R.C. 2903.22 where no firearm had been brandished or recovered after defendant made threats against the victim. The trial court did not lose its way and create a manifest injustice of judgment as it was in the best position to determine whether the victim's testimony was credible. Defendant waived any issue regarding her right to a speedy trial where defendant did not raise the issue below.