State v. Holtman, Unpublished Decision (11-3-2004)
State v. Holtman, Unpublished Decision (11-3-2004)
Opinion of the Court
Following a bench trial, defendant-appellant, Mark Holtman, was convicted of two counts of felonious assault pursuant to R.C.
Holtman presents four assignments of error for review. In his first assignment of error he contends that the evidence was insufficient to support his conviction. In his third assignment of error, he contends that the trial court erred by overruling his Crim.R. 29 motions for judgments of acquittal, which is the same as a claim that the evidence was insufficient to support the conviction. State v. Ritze,
The offenses of felonious assault under both R.C.
The determination of a defendant's mental state must be determined by the nature of the act when viewed in conjunction with the surrounding facts and circumstances. Courts will presume that a person intends the natural, reasonable and probable consequences of his or her voluntary acts. State v. Lott
(1990),
In this case, the trial court stated that it found that the state's expert testimony showing that Holtman had thrown the rock through the windshield was more credible than Holtman's expert testimony that the rock was thrown up through the windshield after being hit by a car. The court, as the trier of fact, was the sole judge of the credibility of the witnesses. State v.Bryan,
The court went on to find that regardless of whether Holtman threw the rock or placed it in the roadway, the evidence showed that he acted knowingly. We agree. The evidence supported the inference that Holtman knew that his deliberate and planned act of putting large chunks of concrete at the bottom of a dark hill on a rainy night would probably result in a car accident that would cause physical harm.
Our review of the record shows that a rational trier of fact, after viewing the evidence in light most favorable to the prosecution, could have found that the state had proved beyond a reasonable doubt that Holtman acted knowingly. Consequently, the state proved the essential elements of felonious assault pursuant to R.C.
In his second assignment of error, Holtman contends that his conviction was against the manifest weight of the evidence. After reviewing the record, we cannot hold that the trier of fact clearly lost its way and created such a manifest miscarriage of justice that we must reverse Holtman's conviction and order a new trial. Therefore, his conviction was not against the manifest weight of the evidence. State v. Thompkins,
In his fourth assignment of error, Holtman contends that the trial court erred in convicting and sentencing him for two counts of felonious assault when they were allied offenses of similar import. The record shows that the trial court acknowledged that the two offenses were allied offenses. It stated that it would sentence Holtman on only one count, and that the sentence on count two would be merged with the sentence on count one. But the judgment entry did not reflect these events.
After counsel filed their briefs in this case, the trial court entered a proper nunc pro tunc entry sentencing Holtman on only one count and reflecting what had actually occurred at the sentencing hearing. See Ritze, supra. Consequently, Holtman has withdrawn his fourth assignment of error. We therefore, affirm his conviction and sentence.
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.
Doan, P.J., Hildebrandt and Painter, JJ.
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