State v. Harrell

Citations

• 2022 Ohio 3740

Syllabus

Felonious assault kidnapping motor vehicle failure to comply sufficiency of evidence prior convictions old presentence-investigation reports. The evidence was sufficient to demonstrate that appellant used his vehicle as a deadly weapon. The evidence was also sufficient to demonstrate that appellant caused or attempted to cause physical injury to one of the law enforcement officials on the scene. The evidence therefore was sufficient to support the felonious assault conviction. The evidence was sufficient to demonstrate that appellant used force, i.e., his vehicle, to remove the victim from the place where she was found that she voluntarily got into his vehicle was not determinative. The evidence was sufficient to demonstrate that the victim was under appellant's power and beyond immediate help she was compelled to stay in the vehicle. The evidence therefore was sufficient to support the kidnapping conviction. The trial court properly allowed questioning as to prior incidents appellant had with law enforcement involving his truthfulness and compliance with orders as he opened the door to the line of questioning. The trial court did not abuse its discretion by denying appellant's request for a new presentence-investigation report. The court did not impose community-control sanctions therefore, it was not required to order a presentence investigation. Further, the trial court had appellant's prior background information and his counsel informed the court of appellant's recent information since his last presentence-investigation report six years prior.