State v. Bond
2023 Ohio 1226
Ohio Ct. App.2023Background
- Bond bought flooring at a Grandview Home Center outlet and returned the next day to seek a refund; employees refused and signs stated sales were final.
- Bond confronted store employee Ronald Ashworth after an initial exchange with other employees; a second encounter ended when Bond punched Ashworth multiple times, causing serious injuries (broken jaw requiring surgery, fractured orbital bone and rib, lost tooth, closed head injury).
- Bond was indicted for one count of felonious assault, tried by a jury, convicted, and sentenced to an indefinite prison term of eight to twelve years.
- On appeal Bond raised multiple challenges: denial of an aggravated-assault jury instruction (inferior-degree offense), admission/authentication of store surveillance video, sentencing notice defects under R.C. 2929.19(B)(2)(c) (Reagan Tokes Act), dismissal of a sleeping juror, and ineffective assistance of counsel.
- The appellate court affirmed the conviction and most rulings but reversed and remanded solely for resentencing because the trial court failed to provide the statutory Reagan Tokes notices (State conceded error).
Issues
| Issue | State's Argument | Bond's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by refusing aggravated-assault (inferior-degree) instruction | No — evidence did not show "serious provocation" sufficient to reduce felonious assault | Evidence of racial slurs, a hostile step toward Bond, and provocation supported an aggravated-assault instruction | Denial affirmed: evidence legally insufficient to show serious provocation; instruction not warranted |
| Admissibility/authentication of store surveillance video | Video was admissible; not hearsay and was properly authenticated by store employee | Video was hearsay and required business-records foundation/custodian; also insufficient authentication | Admission affirmed: video was non‑assertive conduct (not hearsay) and pictorial/silent-witness authentication was adequate |
| Sentencing notice under R.C. 2929.19(B)(2)(c) (Reagan Tokes) | Court failed to give required rebuttable-presumption release notices at sentencing | Court erred by omitting mandatory statutory notices | Error conceded by State; sentencing reversed and remanded for proper notices and resentencing |
| Dismissal of female juror for sleeping while male juror remained | Court acted on juror admissions and assurances; broad discretion in handling sleeping jurors | Dismissal was discriminatory because female juror removed but male juror allowed to remain | No abuse of discretion: female admitted sleeping and doubt about remaining alert; male denied sleeping and assured fitness |
| Ineffective assistance of counsel for admissions and failure to obtain instructions | Defense strategy choices were reasonable; counsel attempted provocation theory and sought instruction | Counsel conceded assault, abandoned mental-state record, and failed to request lesser-included instructions | Claim rejected: performance fell within strategic latitude and no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong standard for ineffective assistance: deficient performance and prejudice)
- State v. Deem, 40 Ohio St.3d 205 (1988) (serious provocation can reduce felonious assault to aggravated assault)
- State v. Shane, 63 Ohio St.3d 630 (1992) (objective then subjective test for provocation and sudden passion)
- Midland Steel Prod. Co. v. U.A.W. Local 486, 61 Ohio St.3d 121 (1991) (pictorial‑testimony and silent‑witness theories for photographic/video authentication)
- State v. Pickens, 141 Ohio St.3d 462 (2014) (surveillance‑system reliability need not be established by expert testimony for authentication)
- State v. Darmond, 135 Ohio St.3d 343 (2013) (standard for abuse of discretion review)