State v. Tripplett

Citations

• 232 N.E.3d 304
• 2023 Ohio 4644

Syllabus

Felonious assault, R.C. 2903.11(A)(1), (A)(2) domestic violence R.C. 2919.25(A) sufficiency of the evidence manifest weight of the evidence allied offenses ineffective assistance of trial counsel. Appellant's convictions were supported by sufficient evidence and not against the manifest weight of the evidence. The state provided sufficient evidence that the bottle appellant used to hit the victim was a deadly weapon and the appellant caused the victim serious physical harm when the victim needed stitches and had a scar from the attack. The trial court erred when it failed to merge appellant's convictions for felonious assault (serious physical harm) and felonious assault (deadly weapon) when the evidence showed that the serious physical harm caused to the victim by appellant was the same harm appellant caused with a deadly weapon.