State v. James

Citations

• 2022 Ohio 3019

Syllabus

EVIDENCE – MANIFEST WEIGHT – SENTENCING – MISDEMEANOR – R.C. 2929.41 – CONSECUTIVE SENTENCES – STAY-AWAY ORDER: As the trier of fact, the trial court was in the best position to judge the credibility of the witnesses, and it was entitled to believe the testimony offered by the victim over that offered by defendant. No abuse of discretion occurred in the trial court's imposition of a 180-day jail term. Where no statute authorized the trial court to impose a jail term consecutive to a community-control sentence, the trial court erred in ordering the jail term in this case to be served consecutively to a community-control sentence imposed in another case. Where the trial court imposed a jail term and not a community-control sentence, it was not authorized to impose an order for defendant to stay away from the victim.