State v. Bissell

Citations

• 2024 Ohio 5317

Syllabus

R.C. 2903.02(B); merger; knowledge; sufficiency; weight of the evidence; R.C. 2945.79(D). Insufficient evidence was presented to establish guilt for predicate offense of felonious assault supporting R.C. 2903.02(B) conviction where evidence failed to establish appellant acted knowingly. Appellant, with knowledge of the surrounding circumstances, acted in a way that created a substantial and unjustifiable risk of harm. Having knowledge of the surrounding circumstances and acting anyway, disregarding a substantial risk is a hallmark of reckless conduct. Insufficient evidence was presented to establish conviction for failure to comply with the order or signal of a police officer where no officer testified as to an order or direction and no officer testified that the officers conducting traffic control were authorized to direct traffic as required to convict under R.C. 2921.331(A). If a court finds that there was insufficient evidence to support a conviction it may find the defendant guilty of a lesser included offense if the facts warrant it without ordering a new trial under R.C. 2945.79(D). The evidence in this case supported a finding that appellant was guilty of the lesser included offense of involuntary manslaughter with reckless assault as a predicate offense. Having found the appellant guilty of the lesser included offense, the case is remanded for resentencing.