· 3/12/2020

State v. Primous

Citations

  • 152 N.E.3d 1002
  • 2020 Ohio 912

Syllabus

Text messages authentication sufficiency and manifest weight of the evidence aggravated burglary aggravated menacing telecommunications harassment child endangering. - Defendant's convictions for aggravated burglary, aggravated menacing, and telecommunications harassment were supported by sufficient evidence and not against the manifest weight of the evidence because the defendant trespassed into the home of his estranged wife, the victim, and assaulted her with a handgun he later sent threatening text messages to the victim. The text messages were properly authenticated by the victim because she was the recipient of the messages. The defendant's convictions for child endangering were not supported by sufficient evidence because although he was the children's stepfather, this relationship alone, without any evidence that he provided care, maintenance, or support for the children, does not establish the relationship or role needed to be found guilty of child endangering.

Judges: Keough

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