State v. Sullens

Citations

• 2017 Ohio 4081

Syllabus

Judgment affirmed. Although the trial court erred by admitting a witness's prior statements as impeachment evidence under Evid.R. 613 where the statements did not contradict her testimony, the error was harmless because the prosecution introduced sufficient evidence apart from the statements to support convicting appellant of domestic violence under R.C. 2919.25. There was not legally insufficient evidence of appellant's identity as the defendant in numerous prior convictions, as required to elevate the offense to a felony under R.C. 2919.25(D)(3), where the prosecution provided certified copies of court records and the victim testified that appellant had committed the acts that resulted in those convictions. The verdict was not against the manifest weight of the evidence where the record contained ample evidence that appellant had knowingly caused the victim physical harm, even excluding the prior statements improperly admitted as impeachment evidence.