State v. Johnson

Citations

• 2020 Ohio 2676

Syllabus

Appellant appeals his conviction and sentence for vehicular assault. There was sufficient evidence to convict and it was not against the manifest weight of the evidence because several eyewitnesses testified that appellant engaged in the passing maneuver in a no-passing zone while navigating a hill and curve in the road where the view of oncoming traffic was considerably obstructed. The trial court did not err ordering appellant to pay restitution because there was some evidence in the record that the trial court considered appellant's present and future ability to pay. The imposition of mandatory postrelease control was contrary to law because appellant was convicted of a third-degree vehicular assault offense and the offense is neither a sexual offense, nor an offense of violence, as required in R.C. 2967.28(B) for mandatory postrelease control.