State v. Scott

Citations

• 2021 Ohio 3427

Syllabus

HEARSAY – EVID.R. 803(1) – FELONIOUS ASSAULT – KIDNAPPING – EVIDENCE – SENTENCING – ALLIED OFFENSES: The trial court did not err in finding that statements made during a 911 call qualified as exceptions to the hearsay rule under Evid.R. 803(1) where the declarants described an event as it was unfolding and the statements were nontestimonial. There was sufficient evidence that defendant caused serious physical harm to the victim where the state presented evidence that the victim suffered swelling and bruising to her face and head, headaches, a fractured finger, bruising/abrasions to her hip and knees, the pain kept her awake at night, and she sought medical treatment for her injuries. Defendant's conviction for kidnapping was not against the manifest weight of the evidence where the evidence demonstrated that the victim barricaded herself in the bathroom after being assaulted by defendant and remained in the bathroom for approximately 15 hours due to defendant's repeated threats and the victim's fear that if she left the bathroom she would be assaulted again or killed. The trial court did not err to defendant's prejudice by unilaterally sentencing him for kidnapping instead of the allied offense of abduction where the state made no election at the sentencing hearing.