State v. Cook

Citations

• 2021 Ohio 3841

Syllabus

DOMESTIC VIOLENCE - CHILD ENDANGERMENT - REASONABLE PARENTAL DISCIPLINE - MERGER: Defendant's conviction for domestic violence was based on sufficient evidence, despite the victim, his son, not suffering physical injuries, because the trier of fact was free to accept the testimony of the police officer who witnessed the encounter. Defendant's conviction for child endangerment was based on sufficient evidence because it is within common knowledge that lifting a small child by his neck to slam him face-first on the trunk of a car creates a substantial risk to the child's health and safety. Defendant's convictions for child endangerment and domestic violence were not against the manifest weight of the evidence because defendant's behavior was not protected by the affirmative defense of reasonable parental discipline considering the totality of the circumstances. The trial court erred when it failed to merge defendant's convictions for domestic violence and child endangerment because the offenses were of similar import and significance, and were not committed separately or with separate animus or motivation.