State v. Miller

Citations

• 2025 Ohio 4361

Syllabus

ASSAULT — EVIDENCE — MANIFEST WEIGHT — WITNESS CREDIBILITY — SENTENCING — RESTITUTION: Where the trial court, which was in the best position to judge the credibility of the witnesses, specifically found the victim's testimony to be credible despite its inconsistencies, defendant's conviction for assault was not against the manifest weight of the evidence. Where defendant had a lengthy criminal record including multiple convictions for offenses of violence, and where defendant had struck the victim in her side, hit her with a kettlebell, and slammed her head on the ground, the trial court did not abuse its discretion in imposing a maximum sentence for a misdemeanor offense and in ordering defendant to pay restitution to the victim in the amount of damages that the victim testified she had incurred as a result of the offense.