State v. Wilson

Citations

• 2020 Ohio 2962

Syllabus

Appellant was convicted of felonious assault with a repeat violent offender specification, domestic violence with a specification that the victim was pregnant, and abduction. Appellant timely moved to dismiss on speedy trial grounds in the trial court, and that issue was not waived for appeal. The trial court did not err in concluding that no speedy trial violation occurred. Appellant knowingly, intelligently, and voluntarily waived his constitutional right to counsel. The trial court did not err in limiting the role of standby counsel at trial. The trial court did not err in allowing the State to present the victim's hearsay statements at trial, pursuant to Evid.R. 804(B)(6). Because the victim ultimately testified at trial on behalf of the appellant, the use of the victim's hearsay statements did not violate the Confrontation Clause. Appellant's convictions were not against the manifest weight of the evidence. The trial court committed plain error when it failed to merge the felonious assault and domestic violence offenses as allied offenses of similar import. Because the cost bill is not part of the record, we cannot review on direct appeal whether the bill complies with statutory requirements. Judgment affirmed in part, reversed in part, and remanded for resentencing on the merged domestic violence and felonious assault charges. (Hall, J., concurring in part and dissenting in part.)