State v. Hayes

Citations

• 2017 Ohio 7718

Syllabus

Insufficient evidence passing bad checks grand theft R.C. 2913.11 statutory presumption ineffective assistance of counsel prejudice allied offenses R.C. 2941.25. Defendant's convictions for passing bad checks are based on sufficient evidence based on the statutory presumption under R.C. 2913.11(C)(2) that the defendant issued checks knowing they would be dishonored when she failed to pay the victim the amount of the checks returned for insufficient funds trial counsel was not ineffective because the defendant could not demonstrate prejudice from the failure to call a witness who would have bolstered the defendant's trial testimony and three convictions for passing bad checks and one for grand theft stemmed from separate acts, and therefore, the offenses are not allied.