State v. Craig

Citations

• 2020 Ohio 3103

Syllabus

ALLIED OFFENSES – DEADLY WEAPON – EVID.R. 404(B) –FELONIOUS ASSAULT – HEARSAY – JAIL-TIME CREDIT – PHYSICAL HARM – R.C. 2945.59 – SENTENCING: In a prosecution for felonious assault and rape, evidence of the defendant's prior domestic violence against the same victim was admissible under Evid.R 404(B) and R.C. 2945.59 because it was probative of defendant's motive to stop the victim from leaving him, his motive to control the victim, and his intent in harming her. The trial court's error in admitting the victim's out-of-court statements through the testimony of police officers was harmless because the victim testified to the same information and was subject to cross-examination. In a prosecution for felonious assault under R.C. 2903.11(A)(1), the jury could reasonably have found that the victim suffered serious physical harm where defendant repeatedly head-butted her until she lost consciousness. In a prosecution for felonious assault under R.C. 2903.11(A)(1), the jury could reasonably have found that the victim suffered serious physical harm where she suffered an injury to her forehead that resulted in a knot that lasted for months. In a prosecution for felonious assault under R.C. 2903.11(A)(1), the fact that the victim did not seek medical treatment after the assault does not preclude a finding that the victim suffered serious physical harm. Defendant's conviction for felonious assault under R.C. 2903.11(A)(2) was supported by sufficient evidence where defendant caused or attempted to cause physical harm to the victim by hitting her in the head with a hammer, which is a deadly weapon when it is used as a bludgeon. The trial court's imposition of concurrent sentences for offenses that should have been merged constitutes plain error. The trial court's failure to calculate and include in its sentencing entry the appropriate amount of jail-time credit constitutes plain error.