State v. Gardner

In this appeal 1 we are presented with the central question of whether the absence of evidence proving venue is plain error. We hold that it is and that a conviction cannot be supported when the evidence is not sufficient to establish venue beyond a reasonable doubt, despite the failure of counsel to bring the insufficiency to the attention of the trial court.

Defendant-appellant, Thomas Gardner, was charged with assaulting the owner of a restaurant in violation of R.C. 2903.13, and he was convicted of that offense in a bench trial. We find in the transcript of proceedings testimony that the…