Opinion

State v. Gonzalez, 08ap-345 (12-16-2008)

  • 2008 Ohio 6605
Court
Ohio Court of Appeals
Filed
Dec 16, 2008
Status
Published
On the bench
TYACK, J.
Cited by
0 cases

The opinion

{¶ 93} Although I agree with the majority and concurring opinions that the judgment of the trial court be affirmed for the reasons set forth therein, I write separately to address an additional point relating to appellant's fourth assignment of error.

{¶ 94} In his fourth assignment of error, appellant alleges that the trial court erred in limiting his cross-examination of Aaryanna. However, appellant identifies only one instance where the trial court sustained an objection to his counsel's questioning of Aaryanna. Although the trial court sustained the objection, the witness answered the question anyway. Therefore, appellant did not suffer any prejudice. Nor does the record reflect any other limitations on trial counsel's examination of this witness other than a sustained objection to a leading question that appellant's counsel subsequently rephrased. Accordingly, I would overrule appellant's fourth assignment of error for this additional reason. *Page 1

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