State v. Corrado

Citations

• 2024 Ohio 2575

Syllabus

EVIDENCE – SELF-DEFENSE – SENTENCING – ALLIED OFFENSES: The trial court did not err under Evid.R. 404(B) in admitting evidence of defendant's other acts prior to his assault of the victim where the other acts constituted the immediate background of the assault in question and where the acts were relevant to whether defendant acted in self-defense. The trial court did not err in concluding that defendant did not meet his burden of production regarding his self-defense argument where defendant did not produce legally sufficient evidence that would allow a rational trier of fact to find all the elements of a self-defense claim. The trial court erred in failing to merge two allied offenses of similar import where the offenses arose from the same conduct of defendant and where the court nonetheless imposed individual sentences for each of the two offenses and failed to allow the state to elect on which offense it wished to pursue sentencing.