State v. Nelson

Citations

• 2017 Ohio 6883

Syllabus

R.C. 2905.02(B) R.C. 2905.02(A)(2) R.C. 2905.02(A)(3) involuntary servitude sufficiency of the evidence manifest weight of the evidence court costs R.C. 2947.23(C). The trial court erred when defendant was found guilty of second-degree felony abduction because defendant did not hold the victim in \involuntary servitude.\ Defendant is guilty, however, of felony-three abduction under R.C. 2905.02(B) and R.C. 2905.02(A)(2), and we modify his finding of guilty accordingly. Because we found that Nelson is not guilty of second-degree felony abduction, defendant's argument that abduction with the element of \involuntary servitude\ cannot be a lesser-included offense of kidnapping is moot. Defendant's convictions are not against the manifest weight of the evidence because defendant's arguments are based solely on the credibility of the victim, which we defer to the trial court, who as the finder of fact, was able to observe the witnesses' demeanor and decide who was more credible. Finally, defendant's argument that the trial court erred when it imposed costs without orally notifying him at the sentencing hearing is without merit because Nelson can move the court to waive costs at any time.