State v. Gray

Citations

• 2026 Ohio 814

Syllabus

CRIMINAL DAMAGING — WITHOUT CONSENT — CIRCUMSTANTIAL EVIDENCE — CLERICAL ERROR — RESTITUTION: Defendant's conviction for criminal damaging was supported by sufficient evidence because a rational trier of fact could infer that defendant damaged the victim's property without the victim's consent based on tension preceding the damaging, the victim involving the police in the dispute, and the victim's pursuit of repair estimates. Defendant's conviction for criminal damaging was not contrary to the weight of the evidence because the trier of fact was entitled to find the victim's testimony credible despite minor inconsistencies in the victim's account. The trial court did not commit plain error when it relied on excluded testimony and information from the State to determine restitution because evidentiary rules are inapplicable at sentencing proceedings and the restitution statute allows the trial court to consider information provided by the State.