State v. Johnson, Unpublished Decision (10-17-2001)
State v. Johnson, Unpublished Decision (10-17-2001)
Opinion of the Court
In his single assignment of error, the defendant-appellant, Rodney Antonio Johnson, contends that there was insufficient evidence to support his conviction for robbery under R.C.
As statutorily defined, "physical harm" is "any injury, illness, or other physiological impairment, regardless of its gravity or duration." R.C.
Here, there was sufficient evidence for the jury to have concluded that the victim was physically harmed, at least temporarily, when he was grabbed by the throat and hurdled to the ground. According to the victim, by grabbing his throat, Johnson "cut off my air supply." The victim testified that he was, in fact, being "strangled." It cannot be seriously argued that a person deprived of the oxygen necessary to breathe has not experienced an injury or "physiological impairment" amounting to physical harm.
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
GORMAN, P.J., SUNDERMANN and WINKLER, JJ.
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