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State v. Bond

Citations

  • 2023 Ohio 1226

Syllabus

Following a jury trial, appellant was convicted of felonious assault. The trial court did not err by refusing to give a jury instruction on the inferior offense of aggravated assault. The trial court did not abuse its discretion by allowing the admission of a surveillance video tape. Further, the trial court did not abuse its discretion by deciding to dismiss a female juror for sleeping but not to dismiss a male juror for sleeping the court's investigation supported the different conclusions. The record does not demonstrate ineffective assistance of counsel. As conceded by the State, the trial court did not provide the Reagan Tokes notifications required by R.C. 2929.19(B)(2)(c), and appellant must be resentenced. Judgment affirmed in part, reversed in part, and remanded for resentencing.

Judges: Tucker

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