State v. Harbut

Citations

• 2024 Ohio 4811

Syllabus

Appellant's convictions for having weapons while under disability and tampering with evidence were supported by sufficient evidence and were not against the manifest weight of the evidence. Prosecutor's comments during closing argument were not improper and did not affect the outcome of the case. Appellant's right to allocution was not violated by the prosecutor's remark at sentencing about an admission appellant made in phone calls from the jail, because appellant had previously made the same admission himself at the sentencing hearing, and the remark did not affect the sentence imposed. Jail-time credit was not properly imposed. Because the jury made no finding with respect to forfeiture of a weapon, the trial court improperly ordered that the weapon be forfeited to the State. Judgment reversed with respect to jail-time credit only and remanded for the trial court to calculate jail time-credit. The order of forfeiture is vacated. In all other respects, judgment affirmed.