State v. Kelly

Citations

• 2021 Ohio 325

Syllabus

Following a jury trial, appellant was convicted of felonious assault and aggravated robbery. Trial counsel did not provide ineffective assistance of counsel. Appellant was not denied a fair trial based on the jury's composition or because the trial court allegedly did not permit trial counsel to use available peremptory challenges. The trial court did not abuse its discretion by overruling a motion for a mistrial, which was prompted by a statement made by the prosecutor during the State's opening statement. The trial court did not abuse its discretion by admitting into evidence a report created by an analysis of the victim's cellular telephone. The convictions were based on sufficient evidence and they were not against the manifest weight of the evidence. The trial court did not err by failing to merge the offenses. It cannot be concluded by clear and convincing evidence that the trial court's findings in support of consecutive sentences under R.C. 2929.14(C)(4) were not supported by the record. Finally, neither R.C. 2929.08(G)(2)(a) nor (b) provides a basis for this court to conclude that appellant's sentence was not supported by R.C. 2929.11 or R.C. 2929.12 or that the sentence was contrary to law. Judgment affirmed.