State v. Simmons

Citations

• 2023 Ohio 4246

Syllabus

CRIMINAL LAW – felonious assault, with specifications having weapons while under disability trial by jury consecutively sentenced to a total of 12 years (minimum) to 15 years (maximum) in prison lay witness testimony surveillance video abuse of discretion standard of review Evid.R. 701 Evid.R. 704 sufficiency of the evidence the trial court did not err in overruling Appellant's Crim.R. 29 motion manifest weight the jury chose to believe the State's witnesses no evidence of juror bias prosecutor is afforded wide latitude during closing argument no prejudice consecutive sentences R.C. 2929.14(C)(4) Appellant's sentence is contrary to law insofar as the trial court erred in not making the required findings at the sentencing hearing judicial bias due process no jurisdiction Reagan Tokes the trial court failed to advise Appellant of the requisite notifications pursuant to R.C. 2929.19(B)(2)(c) conviction is affirmed but Appellant's sentence is vacated and remanded for resentencing.