State v. Schwarz

Citations

• 2026 Ohio 1902

Syllabus

Conviction and sentence affirmed. Defendant's violent conduct caused various and separate injuries to the victim and were punctuated by the defendant's drinking and the victim's attempts to escape. His offenses therefore could not be merged. The evidence presented at trial more than adequately demonstrated defendant knowingly caused the victim serious physical harm by repeatedly slamming a storm door on the victim's foot, breaking her toe. Finally, there was no duplicity because the bill of particulars adequately informed defendant as to what conduct supported his strangulation charge. Neither defendant nor Ohio caselaw discuss the prejudicial effect (if any) the alleged duplicity had within the context of his bench trial, where jury unanimity is not a concern.