State v. Jacinto

Citations

• 155 N.E.3d 1056
• 2020 Ohio 3722

Syllabus

Felonious assault R.C. 2903.11(A)(1) self-defense R.C. 2901.05 nondeadly force self-defense jury instruction recording of 911 call Confrontation Clause hearsay Evid.R. 803(1) present sense impression Evid.R. 803(2) excited utterance opinion testimony Evid.R. 701 Evid.R. 702 expert report Crim.R. 16(K) Crim.R. 52(A) harmless error single punch knowingly sufficiency of the evidence manifest weight of the evidence principles and purposes of sentencing R.C. 2929.11 sentencing factors R.C. 2929.12. Trial court did not err in denying defendant's request for a self-defense jury instruction where there was no evidence from which a jury might reasonably conclude that defendant had a bona fide belief that he was in imminent danger of bodily harm prior to striking victim. Trial court did not err in admitting recording of 911 call. 911 call was nontestimonial and caller's statements were admissible under excited utterance or present sense impression exceptions to the hearsay rule. Improper admission of opinion testimony by paramedic was harmless error where paramedic's testimony was duplicative of other, properly admitted expert testimony and the state presented ample evidence besides paramedic's testimony establishing defendant's guilt beyond a reasonable doubt. Evidence was sufficient to support conviction for felonious assault and conviction was not against the manifest weight of the evidence. Although defendant may not have reasonably anticipated that victim would sustain a serious brain injury from defendant punching victim, it could be reasonably inferred that defendant knew that some form of serious physical harm to victim was a reasonable and probable consequence of defendant's forceful punch to victim's jaw. Trial court considered the principles and purposes of sentencing under R.C. 2929.11 and the relevant sentencing factors under R.C. 2929.12 in imposing prison sentence. Sentence was not clearly and convincingly unsupported by the record.