State v. Walker

Citations

• 2023 Ohio 4690

Syllabus

Appellant's conviction for felonious assault (deadly weapon) was based on sufficient evidence, as trial testimony showed that she knowingly hit the victim with her car, causing injuries to his leg, knee, wrist, and hand. There was not a violation of appellant's Fifth Amendment right to remain silent. The prosecutor's comments during closing argument were not drawing attention to the fact that appellant did not testify, but merely reminding the jury that theories asserted in appellant's opening statement were not evidence. Finally, the trial court did err by not fully advising appellant about post-release control. Judgment reversed as to post-release control and remanded only for resentencing. In all other respects, judgment affirmed.